ORDER SHEET

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

1^st Cr. Bail Appln. No.S- 627 of 2023.  

Cr. Bail Appln. No.S-627 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

(Abdul Hafeez Khokher) :     Through Mr.Kazi Manzoor Ahmed, advocate a/w

  & Mushtaq Masih                applicants  (on bail).

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

Complainant                             :       Present in person.

(Ghulam Muhammad)        

Date of hearing            :       28.12.2023.

O R D E R.

MUHAMMAD SALEEM JESSAR:- Through this application, applicants seek their admission on pre arrest bail in Crime No.04 of 2023 of P.S Veehar  for offences under Sections 337-F(v), F(i), A(i), 34 PPC.  Applicants filed  anticipatory bail application before the Court of Sessions which subsequently was assigned to 4^th Additional Sessions Judge, Larkana  in Cr.Bail Appln. No.318 of 2023 where after hearing the parties  their request was turned down vide order dated 04.11.2023, hence this application has been maintained as the reported case has been challaned  which is now pending for adjudication for trial  before the Judicial Magistrate, Dokri vide Cr. Case No.Nil of 2023 re: State v. Nazar Muhammad and others.

                        At the very out, learned counsel for the applicants submits that due to compromise effected between the parties outside the Court, complainant has settled down the  dispute  outside the Court. Learned counsel for the complainant present in Court affirms the above position and extended no objection  to the grant of instant application.

                        Learned Addl. P.G has also raised no objection.

                        Admittedly the offences with which the applicants stand charged are compoundable, therefore, there is no impediment  under the law  which may prevent the  parties  from entering into compromise as far as instant bail application is concerned.  

                        In view of no objection extended by the complainant and injured present in Court as well as Addl. P.G coupled with the fact that offences are not falling within ambit of prohibitory clause of Section 497 Cr.P.C and applicants are being tried  by the  Court of Judicial Magistrate, hence their case in view of dicta laid down in the case of Muhammad Tanveer v. The State (PLD 2017 S.C 233) requires  further enquiry. 

                        Consequently, instant bail application is allowed. The interim pre arrest bail granted to the applicants on 14.04.2023 is hereby confirmed on the same terms and conditions. Case has been challaned, therefore, the parties are at liberty to file appropriate application before the Court as required under Section 345 Cr.P.C.

JUDGE 

Shabir