ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr. Misc. Application No.S-274/2024

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DATE               ORDER WITH SIGNATURE OF HON’BLE JUDGE_________

01. For orders on office objections “A”.

02. For hearing of main case.

05-05-2025

                        Mr. Zahid Hussain Thaheem, Advocate for the applicant.

                        Mr. Ali Anwar Kandhro, Additional Advocate General Sindh.

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                        Through the instant application the applicant has questioned the order dated 05-07-2024 passed by learned Additional Sessions Judge-II Jacobabad, wherein bail of respondents No.1 to 10 was confirmed. The allegations contained in the F.I.R. in nutshell are that the accused persons rioted armed with dandas and deadly weapons and launched attack upon complainant party, caused damage to the articles lying at the shop and causing injuries went away from the scene of occurrence. Such an F.I.R. bearing No.100/2024 was lodged at police station A-section Thul.

                        The trial court confirmed the bail of the accused on the ground that the injuries alleged did not fall within the prohibitory clause of section 497 Cr.P.C and ingredients of section 506/2 PPC did not attract and the parties were on enmity and for the same incident F.I.R. NO.103/2024 was also registered at PS A-section Thul. Learned counsel for the applicant/accused was confronted for satisfying the court that on what account bail of the accused may be re-called as no material has been placed on record that the accused after grant of bail have misused the concession of bail or repeated the offence. The F.I.R. has been registered in the month of June 2024 but no harm in terms of threats issued in the instant F.I.R. has been caused. Since the parties are on dispute over the murder of brother of complainant which case is also pending trial between the parties in Anti-Terrorism Court Shikarpur, the applicant may avail remedy for cancellation of bail before the trial court if so advised. No case for cancellation of bail is made out. This application being without merits is accordingly dismissed.

                        JUDGE

Asghar/P.A