IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Criminal Bail Appln. No. S-31 of 2025
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Applicants |
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Muhammad Awais and Muhammad Bux |
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Through Mr. Muhammad Qasim Kanasiro, advocate |
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Complainant |
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Jan Muhammad |
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(in person) |
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The State |
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Mr. Aitbar Ali Bullo, D.P.G for the State |
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Date of hearing |
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23-04-2025 |
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Date of order |
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23-04-2025 |
O R D E R
AMJAD ALI SAHITO, J.- Through instant criminal bail application, applicants/accused Muhammad Awais and Muhammad Bux seek interim pre-arrest bail in Crime No.132/2024, for the offence U/s 452, 114, 337-A(vi), A(i), F(i), 148, 149 P.P.C, registered at Police Station Taluka Larkana. Prior to this, they filed such application but the same was turned down by the Additional Sessions Judge-II, Larkana, vide order dated 06.12.2024, hence they filed instant criminal bail application.
2. The details and particulars of the FIR are already available in the bail application and FIR, same could be gathered from the copy of FIR attached with such application, hence, needs not to reproduce the same hereunder.
3. Learned counsel for the applicants submits that the applicants/accused are innocent and they have falsely been implicated in this case by the complainant due to old enmity; that there is delay of two days in registration of F.I.R; medical not supported; as per final medical certificate the injury has been declared as U/S 337-A(i), F(i), which are bailable, as such applicants are entitled for grant of interim pre-arrest bail.
4. On the other hand, the complainant party present in person shown the photographs, wherein it has been shown that there are serious injuries on the different parts of the body including head and other parts of body.
5. On the other hand, learned D.P.G. has vehemently opposed for grant of bail on the ground that injured persons received severe injuries which have been confirmed through medical reports. He has prayed for dismissal of the bail.
6. Heard learned counsel for the applicants, learned D.P.G. as well as gone through the material available on the record.
7. From perusal of record, it reflects that on the day of incident, the accused persons duly armed with hatchet, pistols entered into the house of the complainant party and by saying that why you have restrained their buffaloes to enter into the fish pond, attacked upon the complainant party. Accused Arz Muhammad Marri instigated other accused persons and said them to not spare the complainant party and on such instigation, accused Arz Muhammad caused hatchet blow to his son Zahid Ali which hit him on head and right shoulder and left leg and left shoulder and left side back, blood was oozing and became unconscious and fell down on earth, while accused Lal Muhammad Marri caused danda blows to son Tarique Ali on his back and accused Muhammad Awais Marri caused hatchet blow to son Touheed to whom complainant party said that fish pond is mine, after that complainant brought his injured sons at police station, after treatment, appeared at police station and registered this FIR.
8. At bail stage, only a tentative assessment is to be seen. The prosecution witnesses fully supported the version of the complainant while recording their 161 Cr.P.C statement. Learned counsel for the applicants has not pleaded malafide on the part of the complainant. Ocular evidence finds support from the medical evidence. No ill will or enmity has been pointed out by the learned counsel for the applicant, which is essential requirement for the pre-arrest bail.
9. In view of above, the learned counsel for applicants/accused has failed to make out case for grant of interim pre-arrest bail in view of subsection (2) of Section 497 Cr.P.C. Resultantly, instant bail application is dismissed. Interim pre-arrest bail earlier granted vide order dated 23.01.2025 is hereby recalled.
10. 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