THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

1^st Criminal Bail No.S-143 of 2022

Applicant:            Ayaz Hussain Jatoi through Mr. Muhammad Afzal Jagirani, Advocate.

Complainant:      Waseem Ali Soomro present in person.

Respondent:        The State

Through Mr. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh.

Date of hearing:  17.11.2022

Date of Order:     17.11.2022

O R D E R

AMJAD ALI SAHITO, J.- Through instant Criminal Bail Application, applicant Ayaz Hussain Jatoi seeks pre-arrest bail in Crime No. 16/2022, offence under Sections 324, 337-H(ii), 34 P.P.C of the Police Station Madeji. Prior to this, he filed such application, but the same was turned down by the Court of Sessions Judge, Shikarpur vide order dated 14.03.2022; 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 not gathered from the copy of F.I.R. attached with such application, hence, needs not to reproduce the same hereunder.

3.                Per learned counsel, the applicant/accused is innocent and he has been falsely implicated in this case by the complainant with mala fide intention and ulterior motives; that the F.I.R. is delayed about one day without any plausible explanation by the complainant and false implication of the applicant cannot be ruled out.  He further disclosed the time of incident as night hours and four persons were available at the place of incident whereas allegation against the applicant/accused is that he fired from his pistol, which hit on the calf muscle of the leg of the complainant.  He further added that the case has been challaned and the applicant/accused is no more required for further investigation.

4.                On the other hand Complainant, present in person, opposed the grant of bail to the applicant/accused. Learned D.P.G has also supported the version of the complainant, however, he submits that the injury attributed to the applicant/accused is falling under section 337-F(iii) P.P.C, which does not fall within the prohibitory clause of section 497 Cr.P.C.

5. Heard and perused. Though the name of the applicant/accused Ayaz Hussain transpired in the F.I.R. and role assigned to him that he has fired upon the complainant, which hit him on his calf, lower part of the leg. As per medical certificate the injury attributed against the accused is 337-F(iii) P.P.C. The punishment provided for the said injury is upto three years. The offence with which the applicant/accused is charged does not fall within the prohibitory clause of Section 497 Cr.P.C. The grant of bail is rule and refusal is an exception, there is no exception to refuse the bail to the applicant. The complainant also claimed that there is dispute over a plot. It further reveals that the instant Criminal Bail Application was presented before this Court on 18.03.2022 and interim pre-arrest bail was granted to the applicant/accused on the same date, since then he has not misused the concession of bail. The applicant is attending the Court and is no more required for further investigation.  Learned counsel for the applicant/accused pleaded malafide on the part of the complainant.  Learned counsel for the applicant/accused has made out case for grant of bail under sub-section (2) of section 497 Cr.P.C.  Accordingly, the bail application is allowed interim pre-arrest granted to the applicant/accused vide order dated 18.03.2022 is hereby confirmed on the same terms and condition. However, in case of any misuse of the bail, the Trial Court is at liberty to take action against the applicant/accused in accordance with law.

6.                Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the learned Trial Court while deciding the case of either party at trial.

                                J U D G E

Manzoor