IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Crl. Bail Application No.S-614 of 2023
|
DATE
OF HEARING |
ORDER WITH
SIGNATURE OF JUDGE |
For hearing of
bail application.
Date
of hearing 16.10.2023.
Mr. Ubedullah K.Ghoto,
Advocate for applicants.
Mr.
Zulfiqar Ali Jatoi, Addl.P.G for State.
***************
O R D E R
ZULFIQAR ALI SANGI, J; Through aforesaid bail application,
applicants, namely, Noor Muhammad, Ali Murad, Ali Nawaz alias Muhammad Nawaz
and Wahid Bux @ Bedo seek their Pre-arrest bail in Crime No.172/2023 registered
at Police Station, Ubauro for offence punishable under Sections 310-A, 120-B, 147
PPC after their bail was declined by Additional Sessions Judge-II, Mirpur
Mathelo vide order dated 29.08.2023.
2. Facts of the case are
mentioned in the FIR and copy whereof is
attached with bail application therefore, there is no need to re-produce the
same.
3. Learned
Counsel for applicants contends that the applicants are innocent and have
falsely been involved by the police due to enmity; that that earlier in the
year, 2018 same kind of FIR bearing Crime No.84/2018 was registered for
conducting Jirga in respect of same love marriage in that case applicants were
already acquitted; that this case has been managed by the private person
through police only to pressurized the appellants. He submits that no material
evidence was collected during investigation and applicants after grant of
interim pre-arrest bail are regularly attending the Court, therefore, they are
entitled for confirmation of bail earlier granted to them.
4. Ghulam Rasool/victim present in Court submits that he has
full confidence upon prosecutor and he would prepare the case on his behalf.
Learned Additional Prosecutor General
submits that applicants are nominated in the FIR with specific role that they conducted Jirga and directed
the complainant party to handover the hand of baby Asia aged about 12 years and imposed fine of
Rs.10,00,000/-; that no malafide
on the part of police has been mentioned; that the applicants
repeated the offence hence, they are not entitled for relief claimed.
5. Heard arguments of learned Counsel for the parties and perused
the record.
6. Perusal
of record reflects that FIR was registered after the delay of 14 days and the same
has not been properly explained. It is matter of record that an FIR bearing
Crime No.84/2018 registered on same facts and applicants were already acquitted
from the said case and thereby this FIR was registered by repeating the same
story. The punishment provided for Section 310-A PPC is upto Seven years but
shall not less than three years and shall also be liable to fine of Five
hundred thousand rupees and it is settled law that for deciding bail
application lesser sentence is to be considered. As has been
discussed above in respect of the punishment provided for the alleged offence
for which the applicants are charged, the same provided maximum punishment up
to 07 years which even does not fall within the prohibitory clause of section
497 Cr.P.C and grant of bail in these cases is right while refusal is an
exception as has been held by 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).
7. From the tentative assessment of the record the applicants
have make out their case for grant of bail. Resultantly, this application is
allowed. The interim pre-arrest bail already granted to the
applicants named above vide order dated 06.09.2023 is hereby confirmed on same terms and
conditions.
Bail application
stands disposed of.
J U D G E
Ihsan/*