ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Bail Application No.S-98/2025

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DATE               ORDER WITH SIGNATURE OF HON’BLE JUDGE_________

01. For orders on office objections “A”.

02. For hearing of bail application.

05-05-2025

                        Mr. Ali Anwar Kandhro, Additional Prosecutor General Sindh.

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1.                     The applicant seeks confirmation of interim pre-arrest bail already granted to him by this court vide order dated 25-02-2025.

2.                     Per prosecution story there is matrimonial dispute in between complainant and Hidayatullah Mastoi party. On 09-01-2025 complainant along with his son Ali Jan, nephew Imran Ali s/o Sahib Khan were going on his motorcycle from village towards Shikarpur for some work. When at about 04:30 p.m they came near Sui Gas, they saw and identified accused Hidayatullah armed with TT pistol, Khan Muhammad with Soti both sons of Khair Muhammad, Dildar s/o Ghulam Rasool, Ali Hyder s/o Dauran both armed with TT pistol all by caste Mastoi r/o originally village Mubarakpur at present Bolan Jacobabad, were standing there and near to them two motorcycles were parked. They pointed their pistols and gave caution to stop. Due to fear, they stopped motorcycle and alighted from it. Accused Hidayatullah Mastoi abused them and asked that they have misbehaved with them due to matrimonial dispute. Saying so caused TT pistol butt blows to him on his head. Remaining accused started causing Soti and kicks blows to him. The complainant party raised crie3s and on their cries accused left them and sat on motorcycles and decamped towards southern side. The complainant party went to PS Lodra, obtained letter for treatment and then went to RHC Sultankot, obtained medical certificate, then appeared at PS and lodged such report.

3.                     Applicant is present in person but his counsel is called absent. This is a pre-arrest bail, the applicant was directed to argue the case in person. He contends that there is enmity which stands admitted in F.I.R. He has been falsely implicated to settle scores.

4.                     Learned Additional Prosecutor General does not oppose the bail as offence alleged do not fall in prohibitory clause of section 497 Cr.P.C.

5.                     Perusal of F.I.R. reveals that there is delay of 05 days in registration of F.I.R. and no account has been furnished regarding said delay. The accused is alleged to have caused pistol butt blows over the head of injured and the said injury has been opined by the Doctor to fall within the definition of Shuja-e-Madiha which is punishable up to 05 years and does not fall within prohibitory clause of section 497(2) Cr.P.C. The case has been challaned, applicant is no more required for investigation. The case of applicant calls for further inquiry, interim bail granted to applicant is accordingly confirmed on same terms and conditions. The applicant is directed to attend trial court. In case he misuses the concession of bail, the trial court will be at liberty to re-call bail without making reference to this court.

                        JUDGE

Asghar/P.A