ORDER-SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Crl. Bail Appln. No. S- 600 of 2022.
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Date of hearing |
Order with signature of Judge |
09.02.2023.
1. For orders on office objections.
2. For hearing of bail application.
Mr. Saeed Ahmed Panhwar, Advocate for applicants.
Syed Lal Shah, Advocate for complainant.
Mr. Aitbar Ali Bullo, Deputy Prosecutor General.
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Zulfiqar Ali Sangi, J: Through this application, applicants Azam and Sajjad have sought for their admission to post-arrest bail in Crime No.174/ 2022, registered at Police Station K.N. Shah (District Dadu), for offences punishable under Section 324, 337-A (i), 337-F (i), 147, 148, 149 and 504 P.P.C. Their similar request was turned down by learned 1st Additional Sessions Judge, Dadu, vide his Order dated 07.12.2022.
2. The allegation against applicants/ accused as per F.I.R lodged by complainant Waqar Ali is that on 27.11.2022 they along with co-accused came at place of incident and made murderous assault upon complainant party. The applicants are alleged to have caused “hatchet” and “knife” blows to P.W Toufique Ahmed on his head and near right ear, respectively.
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 there is no repetition of injury by any of the accused, as such application of Section 324 P.P.C would be determined at the time of trial and injuries assigned to applicants do not fall within prohibitory clause of Section 497 Cr.P.C. Learned counsel further contended that the applicants have been in the jail since 29.11.2022, and case has been challaned, as such custody of applicants is not required by police.
4. Learned D.P.G appearing for the State opposed the grant of bail to applicants/ accused on the grounds that the F.I.R has been lodged promptly; that the applicants have been nominated in the F.I.R with specific role of causing injuries to PW Toufique Ahmed on vital parts of his body.
5. Perusal of F.I.R reflects that applicant Azam has been assigned role of causing “hatchet” blow to PW Toufique Ahmed on his head, while applicant Sajjad has been attributed role of causing “knife” blow to PW Toufique Ahmed near to his right ear. These both injuries allegedly sustained by PW Toufique Ahmed at the hands of applicants respectively, have been declared as “Shajjah-i-Khafifah” falling under Section 337-A (i) P.P.C, and as “other hurts” falling under Section 337-L (ii) P.P.C. which carry punishment upto only two years, respectively and do not fall within prohibitory clause of Section 497 Cr.P.C. However, there is no repetition of the injuries by any of the applicants upon PW Toufique Ahmed, though he was completely on their mercy, as such intention of the accused to kill PW and question of application of Section 324 P.P.C would be determined at the time of trial after recording evidence of prosecution witnesses. Furthermore, the applicants have been in the jail since 29.11.2022; the investigation of this case has been finalized, and physical custody of the applicants is no more required to police for the purpose of investigation. In these circumstances continued custody of the applicants in jail is not likely to serve any beneficial purpose at this juncture.
6. A tentative assessment of all the above factors entitles the applicants to concession of bail. Accordingly, applicants Azam and Sajjad are granted bail upon their furnishing solvent surety in the sum of Rs.50,000/- (Fifty thousand rupees) each and P.R bonds in the like amount to the satisfaction of learned trial Court.
7. Before parting with this order, it needs not to make clarification that the observations recorded hereinabove are tentative in nature, therefore, the trial Court shall not be influenced in any manner whatsoever while deciding the case.
Judge
Ansari