IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

 

Criminal Bail Appln. No. S-23 of 2023

 

 

Applicant

 

Raheem Khan @ Khan

 

 

Through Syed Kazim Raza Shah, advocate

 

 

 

State

 

Mr. Aitbar Ali Bullo, D.P.G for the State

 

Date of hearing

 

17-03-2023

Date of order

 

17-03-2023

 

 

 

 

 

 

 

 

 

                                               

 

O R D E R

 

ZULFIQAR ALI SANGI, J.- Through instant criminal bail application, the applicant/accused Raheem Khan @ Khan seeks post arrest-bail in Crime No.24/2022, registered at Police Station Gerelo, for the offence U/S 337-A(ii), A(i), F(i), 504, 34 P.P.C, after rejection of his bail plea by the learned III-Additional Sessions Judge, Larkana, vide order dated 22.12.2022.

2.                           The facts of the incident are mentioned in the memo of bail application and the copy of F.I.R. is also attached with the bail application, hence, needs not to reproduce the same here.

3.                           Learned counsel for the applicant/accused submits that the applicant/accused is innocent and has falsely been implicated in this case by the complainant with malafide intention and ulterior motives; that there is delay of two days in registration of F.I.R after the issuance of final medical certificate by concerned M.L.O, which delay has not been explained by the complainant; that both the parties scuffled and injured each other and order dated 15.11.2022 has also been passed by the Justice of Peace directing concerned S.H.O to register the F.I.R of accused party, hence this is cross case and it is matter of further inquiry as to which parties was aggressor; that the offence does not fall within the prohibitory clause of section 497 Cr.P.C; that the investigation is completed and the case has been challaned and the accused is behind the bars for more than one and half month. He prayed that this is case of further inquiry, therefore, the applicant/accused be released on post-arrest bail.

4.                           Learned D.P.G. has very frankly conceded the grant of bail on the ground that the injury for which the applicant is involved is bailable.

5.                           Heard learned counsel for the applicant, learned D.P.G. and perused the material available on the record with their able assistance.

6.                           The offences for which the applicant is 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.

7.                           It is well settled law that deeper appreciation of evidence is not permissible at bail stage and the only material is to be assessed tentatively. While considering the facts and circumstances of the case tentatively, applicant/accused has made out case for further inquiry entitling him for grant of post-arrest bail. Accordingly, instant criminal bail application is allowed. The applicant/accused is admitted on post-arrest bail subject to furnishing solvent surety in the sum of Rs.50,000/- (Rupees fifty thousand only) and P.R bond in the like amount to the satisfaction of trial court.

8.                           Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the learned trial court while deciding the case of either party at trial.

 

J U D G E

 

Abdul Salam/P.A