IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Application No.S-628 of 2022

Applicants:                              1). Daim alias Sudheer s/o Ali Hassan

                                                2). Sajid Ali s/o Muhammad Khan

                                                    alias Zulfiqar by caste Khoso,

                                                Through Mr.Riaz Hussain Khoso, Advocate.

The State:                                Through Mr. Aitbar Ali Bullo, D.P.G          

Date of hearing:                       27.02.2023

Date of decision:                      27.02.2023 

O R D E R

ZULFIQAR ALI SANGI, J:- Through listed Criminal Bail Application, the above named applicants seek their admission to pre-arrest bail in Crime No.295/2022, registered with Police Station, Mehar, for offences punishable U/S.324, 452, 337-A(i), 337-F(i), 337-H(2), 504, 147, 148 & 149 PPC. Earlier, the bail plea of applicants was declined vide order dated 22.12.2022, passed by Learned 1^st Additional Session Judge, Mehar.

2.                Brief facts of the case are that on 28.11.2022, at 1530 hours, complainant Sajid Ali Khoso got registered the FIR with P.S Mehar to the effect that on the same date, at about 0900 hours, present applicants/accused alongwith rest of the culprits, duly armed with deadly weapons, after having formed an unlawful assembly and in prosecution of their common object, trespassed into the house of complainant situated in village Bindo, where the present applicants/accused and co-accused Ali Mardan caused injuries to PWs Ghulam Abbas, Abdul Hameed and Abdul Majeed on different parts of their bodies and then went away by making aerial firing to create harassment, for that the present case was registered against them.   

3.                 Heard learned counsel for the applicants, learned D.P.G for the State who is assisted by the complainant and perused the material made available on record with their able assistance. The former has prayed for grant of pre-arrest bail to the applicants by reiterating the same grounds of his bail application while the latter has flatly opposed to it.

4.                The offences for which the applicants are allegedly involved, entailing punishment for less than ten years which does not fall within the prohibitory clause of Section 497 Cr.PC and grant of bail in such cases is rule while refusal is an exception as has been held by Honourable Supreme Court of Pakistan in cases of Tarique Bashir v. State (PLD 1995 SC 34), Zafar Iqbal v. Muhammad Anwar (2009 SCMR 1488), Muhammad Tanveer v. State (PLD 2017 SC 733) and Shaikh Abdul Raheem v. The State etc (2021 SCMR 822). Further, the Honourable Supreme Court in case of Muhammad Imran v. The State (PLD 2021 SC-903) has formulated the grounds for the case to fall within the exception meriting denial of bail as (a). the likelihood of the petitioner’s abscondence to escape trial; (b) his tampering with the prosecution evidence or influencing the prosecution witnesses to obstruct the course of justice; or (c) his repeating the offence keeping in view his previous criminal record or the desperate manner in which he has prima facie acted in the commission of offence alleged. Further, Honourable Supreme Court held in the said order held that the prosecution has to show if the case of the petitioner falls within any of these exception on the basis of the material available on the record. In the case in hand, the prosecution has failed to establish any of the above ground meriting denial of the application of the applicants. It is also settled by the Honourable Apex Court that deeper appreciation of the evidence is not permissible while deciding the bail application and the same is to be decided tentatively on the basis of material available on the record. The applicability of Section 324 PPC is to be decided by learned trial Court after recording evidence. Moreover, co-accused Ali Raza and seven others who were allegedly accompanied with present applicants, have already been admitted to pre-arrest bail by this Court vide order dated 05.01.2023 passed in Crl.Bail.Appln.No.S-603/2022.

5.                In view of above, the applicants have made out a case for further inquiry. Consequently, the instant bail application is allowed and the interim pre-arrest bail earlier granted to present applicants is hereby confirmed on same terms and conditions.

6.                The instant criminal bail application is disposed of accordingly.

JUDGE

.