IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Crl. Bail Application No. S- 755 of 2023
Applicants : Rashid Ali & 03 others, present (on bail),
through Mr. Abdul Sattar Janwri, Advocate.
State : Through Mr. Ali Anwar Kandhro, Additional
Prosecutor General.
Complainant : Present in person.
(Nizamuddin Machhi)
Date of hearing : 19.02.2024.
Date of Order : 19.02.2024.
O R D E R.
Muhammad Saleem Jessar, J.- Applicants Rashid Ali, Sanaullah, Muhammad Daud and Rabail, all sons of Moula Bux alias Molai, by caste Shaikh, seek their admission on pre-arrest bail in Crime No.15/2023, registered at Police Station Nau Goth, District Dadu, u/s 452, 337-A(i), 337-F(v), 337-F(i), 147, 148, 149, 504, PPC after rejection of their plea by the learned II-Additional Sessions Judge, Mehar, vide order dated 28.10.2023.
2. According to the case of prosecution, on 24.08.2023, at about 11.00 a.m., the applicants/accused, co-accused Moula Bux and two unidentified accused, being armed with pistol, hatchet and cudgels etc., intruded into the house of complainant near Village Dodo Kalhoro, Taluka Meahr, after hurling abuses, inflicted blunt side hatchet and cudgel blows to complainant, his wife Mst. Mehra and relative Aamir. Hence, such FIR was lodged by complainant on 19.9.2023.
3. Learned Counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in this case by the complainant due to matrimonial dispute. He next submits that FIR of the alleged incident has been lodged with delay of 25 days without plausible explanation. He submits that all the injuries sustained by the injured persons are either bailable or simple in nature and are not punishable beyond two years. He, therefore, submits that the offence does not fall within the prohibitory clause of Section 497, Cr.P.C; hence, prays that the ad-interim pre-arrest bail already granted to applicants may be confirmed.
4. Process issued against complainant has been returned duly served and complainant Nizamuddin Machhi present in person opposes the bail application and submits that the applicants/accused after entering into his house have caused injuries to him, his daughter and relative, therefore, they may not be granted pre-arrest bail.
5. Learned Addl. P.G, appearing for the State, does not oppose the bail application, mainly on the ground that the offence does not fall within prohibitory clause of Section 497, Cr.P.C.
6. Heard arguments and perused the record.
7. No doubt, the applicants are nominated in the FIR and roles of causing blows/injuries to injured persons are also attributed to them, nevertheless the injuries so caused by them have been declared to be either bailable or carrying two years’ punishment, which does not exceed the limits of prohibition as contained under Section 497, Cr.P.C. The case has already been challaned and there is no complaint of misuse of ad-interim pre-arrest bail by the applicant. In view of dispute between the parties over matrimonial affairs between the parties, which is evident from bare reading of the FIR, the case against the applicants requires further enquiry as envisaged under sub-section (2) to Section 497, Cr.P.C. Moreover, the applicants are all real brothers inter se and co-accused Moula Bux is their real father, which fact alone is sufficient to indicate malafide on the part of complainant, which is the basic ingredient for extending extraordinary concession of bail to an accused.
8. For the forgoing reasons, in my view, the applicants have made out their case for grant of bail. Consequently, instant bail application is hereby allowed. Resultantly, interim bail already granted to the applicants vide order dated 20.12.2023 is hereby confirmed on same terms and conditions.
JUDGE
Qazi Tahir/*