IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Cr. Bail Application No. S-415 of 2024
Cr. Bail Application No. S-443 of 2024
APPLICANTS Attaullah and Gul Hassan through Mr. Ayaz Ahmed Faras.
APPLICANT Sobho@ Sobha Khan through Mr. Habibullah G. Ghouri, Advocate
Complainant Zulfiqar Ali
(Called absent without intimation)
The State through Mr. Aitbar Ali Bullo, D.P.G
Date of Hearing: 04.02.2025
Date of Order 04.02.2025
ORDER
KHALID HUSSAIN SHAHANI, J. Applicants Attaullah, Qul Hassan and Sobho@ Sobho khan are socking pre-arrest bail in ease bearing Crime No. 124/2024, registered with PS Kashmore for offence u/s 337-F(v), 337 A(i), Fi), 147, 148, 149, 337-H(D) PPC Such request of the applicants was turned down by the court of learned Sessions Judge, Kashmore @ Kandhkot vide arder dated 24.07.2024.
2. As per prosecution theory, the incident took place on 07.07.2024 at about 02-00 p.m near village Abdullah Mazari alleged that on the eventful day viz 07.07.2024, applicants with co-accused Saifullah, Bakht Ali, Mashgool, Saifudin Bagh, being armed with deadly weapons attacked upon the complainant party and caused injuries to complainant, Ghulam Muhammad, Ghulam Nabi, Zakir, Naseeruddin with their respective lathies. They raised cries and accused in order to cause harassment making aerial firing and went away. Consequent upon, case was registered inter alia on the above facts.
3. Heard learned counsel for the applicants and D.P.G for the state and has thoroughly examined the material placed on the record.
4. Learned counsel for the applicants assert that applicants are/were innocent and have been wrongly implicated in the present case along with other family members and close relatives on the basis of admitted enmity. It is also argued that the offences with which the applicants are charged do not fall within the ambit of prohibitory clause of section 497(1) Cr.P.C.
5. Learned D.P.G contends that the applicants are explicitly named in the FIR, having specific role in inflicting lathi injuries to complainant and PWs Ghulam Muhammad, Ghulam Nabi, Zakir, Naseeruddin. However, he acknowledges that the injuries attributed to the applicants carry a maximum punishment of five years and does not trigger the prohibitions provided u/s 4970) Cr.P.C. As such, he raises no objection on the confirmation of interim pre-arrest bail granted to the applicants.
6. According to the FIR, the incident allegedly wok placed on 07.07.2024, while the case was registered on 09.07.2024, resulting in an unexplained and considerable delay of two days the applicants are explicitly named in the FIR, with general role of causing lathi injuries to the injured named above. However, from medical stand point, the injuries sustained by the injured have been classified as Jurh Ghyr Jaifah Hashmiah punishable u/s 337-F(v) PPC, carrying a maximum punishment of five years. The case is under the jurisdiction of Magisterial Court, where even upon conviction a punishment exceeding three years is improbable. Furthermore, the parties appear to have pre-existing enmity, suggesting the possibility of false implication. Given these circumstances, the pre-requisites for granting pre-arrest bail as outlined by the Hon'ble Supreme Court in Rana Muhammad Arshad V/s The State (PLD 2009 S.C 427), are satisfied.
7. In the light of foregoing circumstances, it is observed that applicants have established a valid case for grant of pre-arrest bail. Consequently, present bail applications are hereby allowed and pre-arrest bail already granted to the applicants on 29.07.2024 and 09.08.2024 are confirmed on the same terms and conditions. The applicants are further directed to cooperate with the investigation and participate in the trial as required by the law.
8. The observations made herein above are tentative in nature and shall not influence the trial court in any manner.
JUDGE