ORDER SHEET

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

1^st Crl. Bail Appln. No.S-561  of 2023.

Date                           Order with signature of Hon’ble Judge

1. For orders on office objection.

2. For  hearing of Bail Application.

Mr. Suhail Ahmed Veesar, Advocate along with applicant (on bail).

Mr. Imran Mubeen Khan, Asst. Prosecutor General.

Date of Hearing      : 26.10.2023.

O R D E R

                        Applicant Mathar Ali Gopang has filed this application seeking pre-arrest bail in crime No.272 of 2023, registered at P.S Kamber City, for offence under Sections 447, 511, 506/2, 504, 148, 149, PPC. Earlier, his application seeking pre-arrest bail was dismissed on 12-9-2023 by the learned Additional Sessions Judge-II, Kamber.

2.         In nutshell the accusation is that on 05.08.2023, the present applicant along with four others, being armed with Pistol and Repeaters, attempted to dispossess complainant Nusrat Hussain Chhajro from his agricultural land mentioned in the FIR, but such attempt of the accused was foiled due to arrival of the co-villagers on the cries of complainant and witnesses. 

3.         Complainant Nusrat Hussain has appeared upon service of notice; whereas, learned Counsel for the applicant under the cover of his statement has submitted certified copy of case diary of trial Court/C.J & J.M-II, Kamber dated 05.10.2023, showing the applicant to have surrendered.

4.         Learned counsel for the applicant submits that the offences, with which the applicant stands charged are bailable except under Section 506/2, PPC, which carries punishment of 07 years imprisonment and is being tried by the Court of Judicial Magistrate. He further submits that mere attempt has been shown, which is yet to be established by the prosecution after examining its witnesses. He, therefore, prays that interim pre-arrest earlier granted to the applicant/accused may be confirmed.

5.                     Learned Asst. P.G., after going through the file does not oppose the bail application.  The complainant, however, opposes the bail application, stating that he is lawful owner of the agricultural land, which the present applicant along with others attempted to encroach upon forcibly; hence he is not entitled for bail.  He further submits that the case has been challaned and he will produce his witnesses before the trial Court.

6.                     No doubt the applicant is nominated in the FIR; however, the offences in which he is shown involved are not carrying punishment exceeding the limits of prohibitory clause of Section 497, Cr.P.C. As far as accusation against him is concerned, the prosecution has to produce/ adduce the material evidence before the trial Court at the time of evidence and if the prosecution may succeed to establish the charge, the trial Court would be competent to pass any order/judgment according to law. As far as instant bail application is concerned, the offence which is not falling under prohibitory clause requires further enquiry; hence instant bail application is hereby allowed and the interim pre-arrest bail granted to the applicant on 03.10.2023 is hereby confirmed on same terms and conditions.

                                                                                                                            JUDGE

Qazi Tahir/*