ORDER SHEET

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

1^st Cr. Bail Appln. No.S- 351 of 2023.  

Date of hearing                                Order with signature of Judge.

`                       For hearing of bail application.

Applicant

(Abdul Raheem Khatti) :     Through Mr.Abdul Rehman Bhutto, advocate  a/w applicant   (on bail). 

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

Complainant                             :       Through Mr.Amanullah Luhur, advocate a/w

(Mst.Bibul)                     :       complainant.

Date of hearing            :       13.11.2023.

O R D E R.

                        Through this application, applicant seeks his admission on pre arrest bail in Crime No.94 of 2023 of P.S Kashmore registered for offences under Sections 452, 337-A(i), F(i), F(v), 147, 148, 149, 504 PPC.  Applicant filed anticipatory bail application before the Court of Sessions which subsequently  was assigned to 4^th Additional Sessions Judge, Kashmore  vide Cr.Bail Appln. No.448 of 2023 where, after hearing the applicant, his request was turned down vide order dated 21.06.2023, hence this application has been maintained.

            Learned counsel  for the applicant submits that after submitting surety before the Court, applicant has joined trial proceedings where evidence of Medico Legal Officer  Dr.Nisar Ahmed  Jakhrani has been recorded while remaining P.Ws are yet to be examined by the prosecution. He next submits that offence does not fall within ambit of prohibitory clause and the applicant after furnishing surety before the Court has not misused the concession, hence prosecution case against the applicant requires further enquiry he, therefore, prays for confirmation of bail.

Learned Addl. P.G  has recorded no objection.

            Mr. Amanulalh Luhur, advocate for the complainant opposed the bail application on the ground that the applicant is the person who caused lathi injuries to injured/complainant, therefore, he is not entitled for grant of bail.   However, he could not controvert the fact that  said injury  was declared by the Medico Legal Officer punishable under Section 337-F(v) PPC which carries maximum punishment of 5 years, hence does not exceed the limits of  prohibitory clause of Section 497 (i) Cr.P.C.

                        Admittedly the offences, with which the applicant stands charged, involves  with punishment which does not fall under the ambit of prohibitory clause of Section 497 Cr.P.C. The case is being tried by the Court of Judicial Magistrate and after recording evidence of prosecution witnesses, if the prosecution may succeed to prove its charge against them, even then the punishment of more than three years can not be visualized. 

            In the circumstances and in view of dicta laid down by the hon’ble Apex Court in the case of Tarique Bashir & 4 others v. The State (PLD 1995 S.C 34), prosecution case against the applicant requires further enquiry.  Consequently, instant bail application is allowed.  The interim pre arrest bail order granted to the applicant on 27.6.2023 is hereby confirmed on the same terms  and conditions.

JUDGE 

Shabir