ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Bail Appln. No. S- 419 of 2023.

Date of hearing

Order with signature of Judge

22.11.2023.

            Mr. Zafar Ali Malghani, Advocate for applicant.

            Mr. Ghulam Yasin Junejo, Advocate for complainant.

            Mr. Ali Anwar Kandhro, Additional Prosecutor General.

~~~~~~

Muhammad Saleem Jessar, J:     Applicant Jinsar son of Allah Warayo Abro has sought for pre-arrest bail in Crime No. 23 of 2023, registered with P.S Gerello, District Larkana, for offences punishable under Sections 506 (2), 337-A (i), 337-A (ii), 337-F (i), 114 and 504 P.P.C. Bail application moved by the applicant before the Court of learned Sessions Judge, Larkana was declined by Order dated 25.7.2023.

            According to contents of F.I.R, the allegation against applicants is that on 05.7.2023, he in company of other co-accused made assault upon complainant party. The applicant Jinsar caused lathi blow to PW Asadullah on his head. The motive for the alleged incident, as set-out in the F.I.R is previous ill-will between the parties due to dispute over landed property.

            Learned counsel for applicant mainly contended that, F.I.R is delayed for 13 days; parties are already inimical towards each other and that the all the sections applied in the F.I.R do not fall within prohibitory clause of Section 497 Cr.P.C.  He lastly contended that, the applicant has joined the trial and is regularly attending the trial Court and prayed for confirmation of interim pre-arrest bail granted to applicant.

            On the other hand, learned Addl. P.G. assisted by learned Advocate for complainant opposed grant of bail in favor of the applicant on the ground that he has been nominated in F.I.R. with specific role of causing injury to PW Asadullah on his head with intention to commit his murder.

            It appears from contents of the F.I.R that the parties are already on strange terms towards each other and the F.I.R is also delayed about 13 days. Perusal of impugned order reflects that injury on the person of PW Asadullah has been declared as “Ghayr Shajjah-i-Mudihah”, which falls under Section 337- A (ii) P.P.C.,  carrying punishment for five years, as such it does not fall within prohibitory clause of Section 497 Cr.P.C. The rest of the sections also do not come within prohibition. Moreover, the applicant has already joined the trial. As per report furnished by learned trial Court, the charge in the case has also been framed and applicant is attending the Court regularly. Moreover, the applicant has been enjoying concession of interim pre arrest bail since 02.08.2023 for a period of more than three months without misusing the same; as such it is well settled law that, he may not be put behind the bars by recalling interim bail.

            Accordingly, in view of above position, instant application stands allowed. Consequently, interim pre-arrest bail already granted to applicants vide Order dated 02.08.2023, is hereby confirmed on same terms and conditions. These are the reasons for short Order dated 20.11.2023.

                                                       Judge

Ansari