IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No.S-609 of 2023

DATE OF HEARING

ORDER WITH SIGNATURE OF JUDGE

1. For orders on O/objection at flag-A.

2. For hearing of bail application.

Date of hearing 23.10.2023.

Mr. Achar Khan Gabole, Advocate for applicant.

Mr. Amir Ali Abro`, Advocate for complainant.

Syed Sardar Ali Shah, Addl.P.G for State.

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O R D E R

ZULFIQAR ALI SANGI, J; Through aforesaid bail application, applicant Sadam son of Imdad Ali Shaikh seeks his Post-arrest bail in Crime No.49/2023 registered at Police Station, Kandhra for offence punishable under Sections 324, 337A(i), 337F(i), 504 PPC, after his bail was declined by Additional Sessions Judge-I/MCTC-I, Sukkur vide order dated 29.08.2023.

2. Per FIR, the allegations leveled against present applicant is that he caused injury with wooden/handle side of the hatchet injury to the injured Ghulam Shabir for which he was booked in the instant case.

3. Learned Counsel for applicant contends that applicant is innocent and has falsely been involved by the complainant due to enmity; that there is allegation against the present applicant for causing injury by using handle of the hatchet to the injured Ghulam Shabir in the FIR; however, as per Medical Certificate the injured Ghulam Shabir had not received any injury. He lastly submits that all these facts are created dent in the prosecution case and is of further inquiry, therefore, applicant is entitled to be granted bail.

4. As against, Syed Sardar Ali Shah, learned Additional Prosecutor General assisted by Mr. Amir Ali Abro, Counsel for complainant opposed the grant of bail on the ground that applicant is nominated in the FIR with specific role, therefore, he is not entitled for grant of bail.

5. Heard arguments of learned Counsel for the parties and perused the record.

6. It appears that on 16.10.2023 Dr. Zubairuddin, RHC Kandhra was called for today as the final medical certificate has yet not been issued in respect of alleged injured Ghulam Shabir. Today, Dr. Zubairuddin is available in Court who states that on his examination the injured has no any mark of injury therefore, he referred him for further examination; however, injured was avoiding to appear for further examination and lastly he heard that on Friday injured appeared before Khairpur Medical College through the police for further examination. The doctor still insisted that the injured has not received any visible injury. In the available circumstances, the case of applicant requires further inquiry. The applicant is behind bars and trial has not yet concluded. Resultantly, this application is allowed. The applicant Sadam Shaikh is granted bail subject to furnishing his solvent surety in the sum of Rs.50,000/- (Rupees Fifty thousand) and PR bond in the like amount to the satisfaction of the trial court. These are the reasons of my short order dated 23.10.2023.

8. Needless to mention that the observations made hereinabove are tentative in nature and shall not cause prejudice to the right of either party at trial.

J U D G E

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