IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Cr. Bail Application No. S- 576  of 2024

Applicants:                            Hakim @ Hakim Ali, Shahzado, Mashooq, Ali Dost, Abdul Sattar and Sada Hussain in person.

Complainant:                        Present in person.

                                           Mr. Abdul Sattar Janwri, Advocate holding brief for Mr. Shahzado Sodhar, Advocate for the complainant. 

The State:                            Through Mr. Ali Anwar Kandhro, Additional Prosecutor General, Sindh

Date of hearing:                    13-01-2025

Date of order:                       13-01-2025

O R D E R

OMAR SIAL, J:-   Hakim @ Hakim Ali, Shahzado, Mashooq, Ali Dost, Abdul Sattar, and Sada Hussain, all with the surname Khoso, have sought pre-arrest bail in crime 319 of 2024 registered under sections 337-A(i), 337-F(i), 506/2, 147, 148, 149 and   504 P.P.C. at the Mehar police station.

2.      The F.I.R. mentioned above was registered on 23.09.2024 on the complaint of Mukhtiar Ali Khoso. Mukhtiar reported that he and his family had strained relations with the applicant over a dispute concerning children. On 21.09.2024, the complainant and three of his relatives were returning from a court hearing when the applicants attacked them. All the applicants were armed with different weapons, and they beat the complainant and his relatives before leaving.

3.      I have heard the applicants and the learned Additional Prosecutor General, who the complainant assisted. Neither counsel for the applicants nor the complainant appeared. My observations and findings are as follows.

4.      The parties admittedly have had strained relations. For the same incident, both parties have registered F.I.R.s, claiming that the other party beat them. It is to be determined at trial who the aggressor was and who was the aggressed. Malafide, because of the background, cannot be conclusively eliminated at this preliminary stage.

5.      Upon a tentative assessment, I also find it unnatural that a person who six armed men are ruthlessly beating would be able to record which of the accused hit him on which part of the body and in which order. I cannot rule out malafide on the part of the complainant at this preliminary stage. The case against the applicants is one of further inquiry.

6.      The sections (except section 506/2) under which the applicants are charged are all bailable, where bail should have been granted as of right. An offence under section 506/2, though not bailable, falls within the non-prohibitory clause of section 497 Cr.P.C. Keeping in mind the principles enunciated in Tariq Bashir and 5 others vs. The State (PLD 1995 SC 34), I do not see, nor has any been pleaded, exceptional or extraordinary ground to deny the applicant bail.

7.      Given the above, the interim pre-arrest bail granted to the applicants earlier is confirmed on the same terms and conditions.

                                                                    JUDGE