ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Appln. No. S-54 of 2025

Applicants	Nisar Ahmed Jakhrani and Niaz Ahmed Jakhrani
	through Mr. Muhammad Ashique Dhamrah, advocate
Complainant	Ghalib Hussain
	Through Mr. Abdul Rehman A. Bhutto, advocate
The State	Mr. Aitbar Ali Bullo, D.P.G for the State
Date of hearing	24-03-2025
Date of order	24-03-2025

SHAMSUDDIN ABBASI, J.- Through instant criminal bail application, the applicants/accused Nisar Ahmed Jakhrani and Niaz Ahmed Jakhrani, seek post-arrest bail in Crime No. 03/2025, registered at Police Station Buxapur, for the offence U/S 324, 337-A(i), F(i), 114, 109, 147, 148, 149 P.P.C, after rejection of their bail plea by the learned trial court vide order dated: 31.01.2025.

2. Brief facts of the prosecution case are that on 11.01.2025, complainant Ghalib Hussain appeared at Police Station and lodged the F.I.R of the alleged incident by stating that applicants/accused armed with lathis caused lathis blows to injured Jan Beg on his head and on other parts of the body, whereas specific role for causing fire arm injury has been assigned to co-accused Sharif, who caused fire arm injury to P.W Imamuddin on his foot.

3. Learned counsel for the applicants/accused has contended that applicants/accused are innocent and they have falsely been implicated in this case due to enmity between the parties; that applicant/accused Niaz was present before the learned Additional Sessions Judge, Kashmore in Cr. Misc. Appln. U/S 22(A) & (B) Cr.P.C; that I.O has furnished his report regarding his plea of alibai; that all the injuries attributed to applicants are bailable except single injury falls U/S 337-F(v) P.P.C, which has been declared as Jurh Ghyr Jaifah Hashmiah, which is punishable for five years and does not come within the ambit of prohibitory clause of Section 497 Cr.P.C, whereas applicability of Section 324 P.P.C will be determined at the trial stage. He has, therefore, prayed for grant of post-arrest bail to the applicants/accused.

4. On the other hand, learned Deputy Prosecutor General assisted by learned counsel for the complainant has vehemently opposed for grant of bail on the ground that F.I.R was promptly lodged by the complainant and specific role has been assigned to both the applicants; that alleged offence falls within the ambit of prohibitory clause of Section 497(2) Cr.P.C.

5. Heard learned counsel for the applicants, learned counsel for the complainant, learned D.P.G. and perused the material available on the record.

6. Admittedly, there is delay of seven hours in lodging of F.I.R which in background of enmity it cannot be ruled out that F.I.R was lodged after due deliberation and consultation. Applicants were shown as armed with lathis and there is general allegation against applicants for causing lathi blows to injured Jan Beg on his different parts of body, medical certificate of injured Jan Beg shows that he sustained injuries which fall U/S 337-A(i), A(ii) and U/S 337-F(v) P.P.C, which are punishable for five years and does not fall within the prohibitory clause of Section 497(2) Cr.P.C. Specific role for causing fire arm injury has been assigned to co-accused Sharif, who caused fire arm injury to injured Imamuddin on his foot. Sufficient grounds are available on record, which make the case of applicants for post-arrest bail, therefore, they are admitted on post-arrest bail subject to their furnishing solvent surety in the sum of Rs.50,000/- (Rupees Fifty thousand) each and P.R bond in the like amount to the satisfaction of learned trial court.

7. Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the learned trial court while deciding the case of either party at trial.

J U D G E

Abdul Salam/P.A