IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

1st. Cr. Bail Application No. S- 295 of 2023

Applicant:                                          Nazeer Ahmed Noonari, 

In person

State:                                                  Through Mr. Ali Anwar Kandhro, Addl. Prosecutor General, Sindh.

Date of hearing:                               27-07-2023

Date of order:                                   27-07-2023

O R D E R

AMJAD ALI SAHITO, J:-   Through instant criminal bail application, the applicant Nazeer Ahmed Noonari, seeks pre arrest bail in Crime No.64/2023, registered at Police Station  A-Section Thull, under sections 337-H(2),337-A(ii), 337-F(v),A(i), F(i), 506/2, 504, 148 and 149 PPC. Prior to this, he filed such application, but the same was turned down by the Court of Sessions Judge, Jacobabad vide Order dated 29.04.2023; hence he filed instant Criminal Bail Application.

2.                     The details and particulars of the F.I.R. are already available in the bail application and F.I.R., same could be gathered from the copy of F.I.R. attached with such application, hence, needs not to reproduce the same hereunder.

3.                     Instant bail application was presented on 22.5.2023 and on the very same day interim pre-arrest bail was granted to the applicant and the matter was adjourned to 22.6.2023. On 22.6.2023 learned counsel for the applicant was called absent and the matter was adjourned to 21.7.2023 at the request of learned counsel matter was adjourned for today. Today Mr. Ghulam Rasool Narejo, advocate holding brief for Mr. Naushad Ali Taghar, advocate for the applicant requested for time as the latter is not feeling well.

 4.                    Perusal of record reflects that this is a pre-arrest bail application which is pending from last two months without any progress. In such circumstances the present applicant present in court is directed to argue the matter. He submits that due to enmity over agricultural land the complainant has implicated in this case as the applicant party is Hari and the complainant party is Zamindaras such they have not committed any offence.

4.                     On the other hand learned Additional Prosecutor General vehemently opposed the grant of bail to the applicant/accused on the ground that the applicant/accused has been nominated in the F.I.R. with specific role.

5.                     Heard and perused. Facts of the case are that on the day of incident applicant and 9 other persons duly armed with pistols hatchet and lathies appeared at the place of incident and attacked upon complainant party resultantly so many persons received injuries at the hands of applicant side. The role assigned to applicant is that he gave lathi blow which hit on the right of arm of complainant. The ocular evidence finds support from medical evidence. 161 Cr.PC statement the injured and other PWs supported the version of complainant. At bail stage only tentative assessment is to be made. No malafide or ill will or enmity has been pointed out by the learned counsel for registration of this case, which is requirement of the pre-arrest bail to believe that applicant /accused has been involved falsely. In view of above the applicant /accused has failed to make out a case for pre arrest bail. Resultantly, instant Criminal Bail Application is dismissed. Interim pre arrest bail already granted to the applicant vide order dated 22.5.2023, is hereby recalled.

            Let a copy of this order be sent to the SHO, Police Station A-Section Thull, for information.

                                                                                                            J U D G E

S.Ashfaq