ORDER-SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Crl. Bail Appln. No. S- 02 of 2023.
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Date of hearing |
Order with signature of Judge |
02.03.2023.
1. For orders on office objections.
2. For hearing of bail application.
Mr. Sharjeel Sattar Bhatti, Advocate files vakalatnama on behalf of the applicants.
Mr. Mumtaz Ali Panhwar, Advocate for complainant.
Mr. Aitbar Ali Bullo, Deputy Prosecutor General.
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Zulfiqar Ali Sangi, J: Through this application, applicants Muhammad Ismail, Nangar and Sharif have sought for their admission to pre-arrest bail in Crime No.181/2022, registered at Police Station K.N. Shah (District Dadu), for offences punishable under Sections 147, 148, 149, 504, 337-A (i), 337-F (i) P.P.C. Their similar request was turned down by learned 1st Additional Sessions Judge, Mehar, vide his Order dated 22.12.2022.
2. The allegation against present applicants as per F.I.R lodged by complainant Guhram Ali is that on 22.11.2022 they along with co-accused came at place of incident and caused back side of hatchet and danda blows to P.W Muhammad Waris on his back and other parts of body.
3. Learned counsel for the applicants mainly contended that, the applicants have been implicated in this case by complainant with malafide intention and ulterior motives; that F.I.R is delayed for about 21 days, for which no plausible explanation has been furnished; that the injuries alleged against present applicants are on non-vital parts of body of injured and that the injuries alleged agaisnt present applicants are bail-able, and their punishment is not for life or ten years, therefore, do not fall within prohibitory clause of Section 497 Cr.P.C. Lastly, learned counsel prayed for confirmation of interim pre arrest bail.
4. Learned counsel appearing for the complainant opposed the grant of bail to applicants/ accused on the grounds that the applicants have been nominated in the F.I.R with specific role of causing injuries to PW Muhammad Waris. Whereas, learned D.P.G appearing for the State conceded for confirmation of interim pre arrest bail in view of the fact that the Sections of P.P.C applied for the injuries assigned to applicants are bail-able and do not fall within prohibition as contained in Section 497 Cr.P.C.
5. From tentative assessment of the record it appears that there is delay of about 21 days in lodging of the F.I.R., and explanation furnished for such inordinate delay does not appear to be satisfactory. It is well settled law that the delay is falling within the ambit of deliberation and afterthought, therefore, it is always considered to be fatal for the prosecution case. It further reflects from record that applicants have been assigned role of causing back side of hatchet and danda blows to PW Muhammad Waris on his back and other parts of body, which are not the vital parts of his body, and these injuries have been declared by the medical officer as Shajjah-e-Khafifah and Jurh Ghayr Jaifah Damiyah, which fall under Sections 337-A (i) and 337-F (i) P.P.C; carrying punishment upto two years and one year respectively, and are bail-able, As such, these injuries do not fall within prohibitory clause of Section of 497 Cr.P.C. Further from perusal of medical certificate available at page 33 it reflects that the incident took place on 21.11.2022 and injured appeared before the doctor on 22.11.2022. The doctor declared the injuries to be old for about two or three days, which also brought the case of applicants within the ambit of further inquiry as envisaged under Section 497 (2) Cr.P.C. Moreover, the applicants have already joined the trial and attending the trial Court regularly.
6. Accordingly, in view of above position, instant application stands allowed. Consequently, interim pre-arrest bail already granted to applicants vide Order dated 05.01.2023, is hereby confirmed on same terms and conditions.
Judge
Ansari