ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANO

Cr. Bail Application No. S- 625 of 2023

Applicant(s):                                      Ali Mardan, Ali Gohar, Aijaz, Ahsan, Murtaza and Shah Muhammad through Mr. Mujahid Ali Jatoi, Advocate. 

The State:                                           Through Mr. Khalil Ahmed Maitlo, Deputy Prosecutor General, Sindh.

Date of hearing:                     20.11.2023.

Date of order:                         20.11.2023.

ORDER

Muhammad Saleem Jessar-J. Through this bail application, the applicants seek their admission on pre-arrest bail in Crime No.41 of 2023, registered at police station Mirpur Buriro, for the offences punishable under section(s) 506/2, 504, 337-H(i),F(i) 148, 149 PPC. Prior to this applicants approached the first forum where they were admitted to ad-interim pre-arrest bail; however, later on by order dated 21.10.2023 their bail application was dismissed by the Additional Sessions Judge, Thul, giving rise to file instant application.

2.         The facts of the case are mentioned in F.I.R, copy whereof has been attached with the memo of bail applications, hence need not to be reproduced here again.

3.         Learned counsel for the applicants contended that they have falsely been implicated in the present case by the complainant party with malafide intention and ulterior motive; that there is delay of 12 days in lodging of FIR, for which no plausible explanation has been furnished by the prosecution; that the alleged offence does not come within the prohibitory clause of section 497 Cr.PC, as such they prayed for confirmation of interim pre arrest bail.

4.         Learned Additional Prosecutor General for the State did not oppose the confirmation of interim pre-arrest bail on the ground that there is unexplained delay of 12 days in lodging the FIR and offence(s) with which the applicants/accused are charged does not fall within the ambit of prohibitory clause of section 497 Cr.PC.

5.         Heard learned counsel for the applicants and Deputy Prosecutor General, Sindh and perused the material available on record.

6.         As is evident, challan of the case has been submitted by the police on 13.10.2203 which is now pending for trial before the court of Civil Judge/Judicial Magistrate, Thull vide Criminal Case No. Nil/2023 re: The State V. Ali Mardan and others. The process issued against complainant has not returned either served or un-served. Admittedly, sections applied under the F.I.R are bailable except section 506/2 and 337-F(v) PPC, which carries maximum punishment up-to seven years hence does not exceed the limit of prohibitory clause of section 497 Cr.PC. The applicants present submit that they after furnishing surety before this Court have joined trial proceedings where case against them is fixed for hearing on 24.11.2023. The case is being tried by the court of Judicial Magistrate and after recording their evidence, if prosecution may succeed to establish its charge even then punishment of more than three years cannot be visualized. In the case of Muhammad Tanveer versus The State and another (PLD 2017 SC-733), the Hon'ble Supreme Court of Pakistan has held as under:-

"In cases of this nature, not falling within the prohibition contained in section 497, Cr.P.C., invariably grant of bail is refused on flimsy grounds. This practice should come to an end because the public, particularly accused persons charged for such offences are unnecessarily burdened with extra expenditure and this Court is heavily taxed because leave petitions in hundreds are piling up in this Court and the diary of the Court is congested with such like petitions."

7.         Therefore, from the tentative assessment of material available on record, it appears that the applicants/accused have made out a good prima facie case of further enquiry, thus are entitle for grant of pre-arrest bail. In view of above legal position coupled with no objection extended by Deputy Prosecutor General, Sindh case against the applicants require further inquiry within meaning of subsection (2) to section 497 Cr.PC. Accordingly, instant criminal bail application is hereby allowed. Consequently, ad-interim pre-arrest bail earlier granted to the applicants vide order dated 26.10.2023, is hereby confirmed on same terms and conditions.

J U D G E

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