ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANO

Crl. Bail Appln. No.S-746    of 2023.

Date	Order with signature of Judge

1. For orders on office objection.

2. For hearing of bail application.

26.02.2024.

Mr. Sadam Hussain Kalhoro, advocate along with applicant(on bail).

Mr. Ali Anwar Kandhro, Addl. P.G.

Complainant Qurban Ali Domki present in person.

O R D E R.

Muhammad Saleem Jessar, J.- Through this application, applicant Imam Bux son of Bahawar Domki, seeks his admission on pre-arrest bail in Crime No.65/2022, registered with Police Station Civil Line, Jacobabad, under Sections 452, 337-A(i), 337-F(v), 506/2, 504, 148, 149, PPC.

2.                     The case, having been challaned, is now pending trial before the Consumer Protection Judge/Civil Judge & J.M/Family Judge, Jacobabad. The applicant approached the Sessions Judge, Jacobabad for seeking pre-arrest bail, which was declined by the learned Additional Sessions Judge-I/MCTC, Jacobabad vide order dated 16.11.2023. Hence, this application.

3.                     Per prosecution case, on 12.09.2022, complainant Qurban Ali Domki lodged FIR at PS Civil Line, Jacobabad, alleging therein that on 05.09.2022, accused Imam Bux, Aashique, Ibrahim, armed with pistols, Nadir, Bahadur, Hameed and Izhar, having lathies, intruded into his house situated in ADC Colony, Jacobabad; accused Imam Bux  raised ‘hakal’, whereupon accused Nadir inflicted lathi blow to complainant’s mother Mst. Naz Khatoon, accused Aashique inflicted pistol butt blow to PW Pahlwan, accused Ibrahim inflicted pistol butt blow to complainant’s sister Mst. Sabrah and then all the accused gave kicks and fist blows to the complainant party.

4.                     Learned counsel for the applicant submits that the applicant has been implicated falsely in this case by the complainant party in the background of previous enmity, which is admitted in the FIR. He further submits that there is delay of 07 days in lodging the FIR, for which no plausible explanation has been furnished by the prosecution. He next submits that no overt act is assigned to the applicant in  the commission of alleged offence and role assigned to him is of raising ‘hakal’, therefore, in the background of previous enmity between the parties and delay of 07 days in lodging the FIR, the case against the applicant requires further enquiry.

5.                     On the other hand, learned Addl. P.G., appearing for the State, does not oppose the bail application.  However, the complainant present in person submits that the present applicant along with co-accused has attacked upon his house inmates including women folks, therefore, is not entitled for concession of bail. 

6.                     Heard learned counsel for the applicant, learned Addl. P.G. and the complainant in person and perused the available material.

7.                     From perusal of the FIR, the parties appear to be on inimical terms with each other. The delay of 07 days in lodgment of FIR has not been explained by the complainant plausibly. The role assigned to the applicant in the alleged incident is only of raising ‘hakal’.  In the background of admitted enmity between the parties, coupled with the inordinate and unexplained delay of 07 days in lodgment of FIR and no overt act assigned to the applicant, this is a fit case requiring further enquiry into the guilt of applicant within meaning subsection (2) to Section 497, Cr.P.C.  Further, the case has been challaned and the applicant has also joined the trial proceedings and no complaint with regard to the misuse of concession has been brought on the record. In the wake of admitted enmity between the parties, the basic ingredients for grant of bail as laid down by learned Apex Court in the case of Rana Muhammad Arshad v. The State (PLD 2009 SC 427) are fully attracted in this case.  Consequently, instant bail application is hereby allowed. Resultantly, the interim pre-arrest bail granted to applicant on 18.12.2023 is hereby confirmed on same terms and conditions. 

Judge