ORDER SHEET

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

Cr. Bail Appln. No. S- 699 of 2023.  

Date of hearing                                Order with signature of Judge.

1.For orders on office objections as flag A.

2.For hearing of bail application.             

Applicants                            

(Dodo @Doda Khan)    :    Through Mr. Noor Ahmed Lashari, Advocate.

    and others

Complainant

(Mst.Naheed Khatoon) :    Through Mr. Abdul Rehman Bhutto, Advocate.

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

Date of hearing             :      25.3.2024.

O R D E R.

MUHAMMAD SALEEM JESSAR-J.:- Through instant bail application, applicants Dodo @Doda Khan, Darya Khan and Dilmurad seek  their admission  on pre arrest bail in Crime No.230 2023 P.S Kashmore District Kashmore @Kandkot under Sections 452, 506/2, 354, 504, 337-A(i), F(i) PPC. The applicants filed pre arrest bail  application No.914 of 2023 before the Court of Sessions Judge, Kashmore @Kandhkot where initially applicants  were granted ad interim pre arrest bail; later it was assigned to Additional Sessions Judge, Kashmore, where after hearing the parties its confirmation was declined vide order dated 18.11.2023 passed by learned Additional Sessions Judge, Kashmore. 

2.         Since the facts of the prosecution case  are already mentioned in the FIR as well as order passed by the Court below, therefore, there is no need to reproduce the same.

3.         Learned counsel for the applicants contended that due to indulgence  of elders  of their community, the parties have settled down their differences outside the Court.  Besides,  the offences  with which the applicants have been charged are bailable except  Section 506 (2) PPC which carries maximum punishment of seven years, therefore, submits that by granting   application, the interim pre arrest bail already granted to the applicants may be confirmed.

4.         Learned  Addl. P.G  appearing for the State, after having consultation with complainant present in Court raises no objection. Complainant/victim Mst.Naheed Khatoon present in Court alongwith her counsel affirms the contention and records her no objection for grant of this bail application.

5.         Since the complainant, who herself is victim, extends her no objection for grant of bail application, therefore,  prosecution has also no objection. As far offences, with which  the applicants have been charged are concerned, the punishment provided by the law does not exceed prohibitory clause of section 497 Cr.P.C. Moreover, case has been challaned and the applicants are no more required  by the police for interrogation or investigation.

7.         Accordingly and in view of above, instant bail application is hereby allowed.  Consequently, interim pre arrest bail already granted to the applicants vide order dated 24.11.2023 is hereby confirmed on same terms and conditions.

JUDGE

shabir