ORDER SHEET

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

1^st Cr. Bail Appln. No.S- 709  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.

Applicant

(Muhammad Yakoob           :     Through Mrs. Sarfraz Shahid (Sofia), Advocate

@ Babar)                                     along with applicant(on bail).

The State                               :     Through Mr. Aitbar Ali Bullo,   DPG.

Complainant/injured                      :     Muhammad Zubair Ahmed present in person.

Date of hearing            :       01.01.2024.

O R D E R.

            Through this application, applicant Muhammad Yakoob alias Babar son of Daud, by caste Qureshi, seeks his admission on pre-arrest bail in Crime No.75 of 2023 of P.S Airport, Jacobabad, registered for offences under Sections 337-F(v), 506/2, 342, 34, PPC. Applicant filed anticipatory bail application vide Cr. Bail Appln. No.938 of 2023 before the Court of Sessions, which subsequently was assigned to Additional Sessions Judge-I/MCTC, Jacobabad, who after hearing the parties turned down his request vide order dated 15.11.2023, hence this application has been maintained.

2.         In brief, the prosecution case is that on 17.9.2023, at about 1100 hours, the applicant having iron rod and co-accused Dawood, empty handed, attacked upon the complainant in his house over the issue of utility bill and the applicant caused iron rod blow on the left arm of complainant, while co-accused Dawood gave kicks and fist blows to complainant’s wife Mst. Afshan.

3.         Learned counsel for the applicant submits copy of case diaries issued by Judicial Magistrate-I/MTMC, Jacobabad (trial Court) showing surrender of applicant before trial Court, taken on record. She submits that the applicant is young one and the complainant, who is also injured, is his uncle, besides dispute between them is over non-payment of utility bill and submits that the sections applied in the FIR carry maximum punishment upto 07 years, which does not exceed the limits of prohibitory clause of Section 497, Cr.P.C. She further submits that after submitting surety before this Court the applicant has joined the trial proceedings; hence, by granting instant application, the interim pre-arrest bail already granted to him may be confirmed. She submits that co-accused Daud Qureshi has been granted bail and in case he may be remanded to custody today, then tomorrow he will again be bailed out on the law of parity.  In support of her contentions, she places her reliance on the case reported as Zafar Iqbal and another v. The State (2007 MLD 880) and prays for grant of bail.

4.         Learned DPG appearing for the State submits that the sections applied in the FIR are carrying maximum punishment upto 07 years; besides, co-accused has been granted bail, therefore, he has no objection.

5.         Complainant Muhammad Zubair Ahmed present in person opposes the bail application, on the ground that they are residing in one enclosure where joint utility connections are installed, but the applicant as well as his father are not cooperating in making payment of utility charges, therefore, he is unable to pay the same, which annoyed them and resultantly they attacked upon him by causing injury with iron bar; hence, prays that by dismissing the bail application he may be taken into custody.

6.         Heard parties and perused the record.

7.         Admittedly, FIR is delayed for about 29 days; besides the sections applied in the FIR are carrying maximum punishment of 07 years. The injuries allegedly sustained by injured are on non-vital parts of his body and none of them has been opined by the MLO to be detrimental to his life. As far as accusation against the applicant is concerned, the trial Court after recording evidence of the parties may determine the same according to the evidence ought to be adduced. The applicant is seemingly a young boy and if he will be remanded to jail, where there is no dearth of hardened criminals, it will certainly deteriorate his future life. Hence, looking to his young age, coupled with the fact that the offences according to FIR are carrying maximum punishment of 07 years, therefore, I am of the considered view that case against the applicant requires further enquiry. Consequently, instant bail application is allowed and interim pre-arrest bail granted to him earlier is hereby confirmed on same terms and conditions.

8.         It may be clarified here that the observations made hereinabove being tentative in nature shall not influence the trial Court while deciding the fate of the case after recording evidence of the parties, which shall be determined on the basis of material to be placed before it by way of evidence. Moreover, the trial Court is also directed to expedite the trial by hearing the case on day-to-day basis and conclude it within shortest possible time under intimation to this Court through Additional Registrar.    

JUDGE 

Qazi Tahir/*