IN THE HIGH COURT OF SINDH AT KARACHI
Cr. Bail
Application No.279 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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27.02.2025
Mr. Ghulam Sarwar
Lakho, advocate for applicant
Ms. Seema Zaidi, Additional
Prosecutor General Sindh
Complainant present
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Applicants/accused
Hussain Parhiyar, Ukeer Ahmed Parhiyar, Dhani Bux Parihyar and Muhammad Juman
Parhiyar seek pre-arrest bail in FIR No.02/2025, registered at P.S. Mirpur
Bathoro, District Sujawal for offence under sections 379, 427, 34, PPC, after
rejection of their bail plea by learned Additional Sessions Judge, Sujawal vide
order dated 22.01.2025.
2. Brief
facts of the case are that there is dispute between complainant and present
applicants over survey Nos.118, 119 and 127, Deh Samani. On 25.12.2024,
complainant and his relatives Abdul Aziz were at home when his relative Abdul
Rasheed came and informed him that Hussain, Ukeer, Dhani Bux and Juman, duly
armed, came to complainant’s land, cut down acacia trees and taken away the
same on donkey cart. Complainant rushed to his lands and saw that 15 to 20
trees of acacia were lying there. Hence the subject FIR.
3. Learned
counsel for applicants/accused argued that there is civil dispute between the
parties over the agricultural land; that litigation is pending between the
parties and brother of complainant was convicted in murder case, lodged by
applicants side against complainant of this case; that they are close relatives
and the alleged incident had taken place but the complainant has managed false
FIR against the applicants/accused.
4. Complainant
is present in person and submits that accused persons forcefully occupied his
land, however, he admits that no civil litigation is pending between the
parties. He further submits that they are close relatives and main
applicant/accused Hussain Parhiyar is his cousin.
5. Learned
Additional Prosecutor General Sindh has recorded no objection for grant of bail
to the applicants/accused on the ground that there is civil dispute between the
parties.
6. Heard
learned counsel for applicants/accused, Additional Prosecutor General Sindh,
complainant in person and perused the material available on record.
7. From
tentative assessment of material available on record, it appears that there is
civil dispute between the parties over agricultural land. Allegation against
applicants/accused is that they have occupied the land of complainant, cut down
acacia trees from the land and taken away the same. Complainant himself admits
that applicants’ party is in occupation of subject land since 2019 but no civil
litigation is pending between the parties. All these facts make out a case of
further inquiry in terms of Section 497(2), Cr.PC. It is well settled law that
merits cannot be considered at bail stage and only tentative assessment can be
made, as held by apex Court in case of Zeeshan
versus the State and another (2024 SCMR 1716).
8. In view
of above, interim pre-arrest bail granted to applicants Hussain Parhiyar, Ukeer
Ahmed Parhiyar, Dhani Bux Parihyar and Muhammad Juman Parhiyar by this Court
vide order dated 30.01.2025 in the aforesaid FIR is hereby confirmed on the
same terms and conditions.
9. The
instant bail application is accordingly disposed of.
J U D G E
Gulsher/PS