ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

1^st Cr. Bail Appln. No.S- 200   of   2023.  

Date of hearing                                Order with signature of Judge.

1.For orders on office objection as flag A.

2.For hearing of  bail application.

Applicants  

(Nazar Muhammad)    :     Through Mr.Kazi Manzoor Ahmed, advocate a/w

 And others                           applicants  (on bail).           

The State                      :        Through Mr. Ali Anwar Kandhro,  Addl. P.G.

Complainant                             :       Through Miss Saima Parveen Lahori, advocate a/w

(Muhammad Yaqoob)         complainant.

Date of hearing            :       13.11.2023.

O R D E R.

            Through this application, applicants Nazar Muhammad, Abdul Rasheed and Muneer Hussain, all by caste Juneja, seek their admission on pre arrest bail in Crime No.04 of 2023 of P.S Veehar, registered for offences under Sections 337-F(v), 337-F(i), 337-A(i), 34, PPC. Applicants filed anticipatory bail application vide Cr. Bail Appln. No.318 of 2023 before the Court of Sessions, which subsequently was assigned to 4^th Additional Sessions Judge, Larkana, who after hearing the parties turned down their request vide order dated 11.04.2023, hence this application has been maintained.

2.         As reported, the case has been challaned which is now pending for trial before the Court of Judicial Magistrate-II, Dokri vide Cr. Case No. nil of 2023    re: State v. Nazar Muhammad and others.

3.         At the very outset, learned counsel for the applicants submits that due to compromise entered into by the parties outside the Court, the complainant as well as injured have settled down their dispute and learned counsel for the complainant, present in Court, affirms this position and extends no objection for grant of instant application.

4.         Learned Addl. P.G has also not opposed the bail application.

5.         Admittedly, the offences, with which the applicants stand charged, are compoundable, as such, there seems no impediment under the law which may preclude the parties from entering into compromise as far as instant bail application is concerned.  

6.         In view of no objection extended by the complainant and injured present in Court as well as learned Addl. P.G, coupled with the fact that offences are not falling within ambit of prohibitory clause of Section 497 Cr.P.C and applicants are being tried by the Court of Judicial Magistrate; hence, their case in view of the dicta laid down in the case of Muhammad Tanveer v. The State (PLD 2017 S.C 233) requires further enquiry. 

7.         Consequently, instant bail application is allowed and the interim pre-arrest bail granted to the applicants on 14.04.2023 is hereby confirmed on the same terms and conditions.

8.         As the case has been challaned, the parties are at liberty to file appropriate applications before the Court in terms of Section 345, Cr.P.C.

JUDGE 

Qazi Tahir/*