THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-127 of 2023

Applicant:            Karim Bux alias Abdul Karim son of Allah Bux Chandio through M/s. Ahsan Ahmed Qureshi and Iftikhar Ahmed Shah, Advocates.

Complainant:      Parvez Ahmed son of Karamullah Khan Chaidio, through Mr. Salahuddin Panhwar, Advocate.

Respondent:        The State

Through Mr. Ali Anwar Kandhro, Additional Prosecutor General, Sindh.

Criminal Revision No.S-04 of 2023

Applicant:            Karim Bux alias Abdul Karim son of Allah Bux Chandio through M/s. Ahsan Ahmed Qureshi and Iftikhar Ahmed Shah, Advocates.

Respondent         Parvez Ahmed son of Karamullah Khan Chaidio, through Mr. Salahuddin Panhwar, Advocate.

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

Date of hearing:  24.07.2023

Date of Order:     24.07.2023

O R D E R

AMJAD ALI SAHITO, J.- Through this single order, I intend to dispose of Criminal Bail Application No.S-127 of 2023 and Criminal Revision Application No.S-04 of 2023 filed by the applicant Karim Bux alias Abdul Karim Chandio. 

2.                At the very outset, learned counsel for the applicant submits that name of the applicant/accused does not transpire in the F.I.R. nor in the challan, but after five years of the incident an application was moved under section 193 Cr.P.C. before the learned trial Court, thereafter an enquiry was conducted; subsequently a supplementary challan was submitted before the learned Trial Court as such pre-arrest bail application was filed and after hearing the said bail application was dismissed by the learned Additional Sessions Judge-I/ Model Criminal Trial Court, Dadu, vide order dated 14.03.2023.  He has also pleaded that when the cognizance was taken against the accused person he had also impugned the order dated 10.01.2023, passed by learned trial Court in a Criminal Miscellaneous Application in Sessions Case No.310 of 2020.  Further after arguing the matter at some length, learned counsel for the applicant submits that he will be satisfied and will not press the Criminal Revision Application No.S-04 of 2023 on merits, if the applicant is admitted to bail in a case Crime No.20/2018, registered at Police Station Mehar for and offence under Section 302, 504, 114, 109, 148, 149 P.P.C.

3.                In view of the above proposal, learned counsel for the complainant agrees and raised no objection for grant of bail to the applicant/accused, however, he submits that the complainant may be given chance to produce his witnesses before the trial Court as the number of the accused were also involved in this case. Learned Additional Prosecutor General also supported the arguments advanced by the counsel for the complainant.

4.                At this juncture, complainant Ume Rubab Chaidio is present and states that there are numerous threats from the present applicant/accused and after his release from the jail there is likelihood that he would attack upon them; as such she requests that protection may be granted to the complainant party.

5.                In view of the above, Criminal Revision Application No.S-04 of 2023 is dismissed as not pressed and the Criminal Bail Application No.S-127 of 2023 is allowed.  Consequently, applicant Karim Bux alias Abdul Karim Chandio is granted bail subject to his furnishing solvent surety in the sum of Rs.100,000/- (Rupees One Hundred Thousands only) and P.R. Bond in the like amount to the satisfaction of the learned Trial Court.

6.                Per complainant, since DSP Karim Bux has been dismissed from service, therefore, he is on inimical terms with the complainant; hence responsible officials may be directed to provide protection to them. The S.S.Ps of District Dadu and Larkana as well as DIGP, Larkana are directed to provide protection to complainant Ume Rubab Chandio in accordance with law and applicant/DSP Karim Bux is also directed not to cause any sort of harassment to the complainant; more over if any harm is caused to the complainant, appropriate order shall be passed against him and in that case, the complainant is also at liberty to file application for cancellation of bail of the applicant.  The learned trial Court is once again directed to examine the material witnesses and submit such compliance report to this Court through Additional Registrar.

7.                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