IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Criminal Bail Appln. No. S-696 of 2024
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Applicants |
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Muhammad Ibrahim @ Ibrahim and Faiz Muhammad |
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Through Mr. Suhendar Kumar, advocate |
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Complainant |
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Zahid Ali |
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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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05-05-2025 |
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Date of order |
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05-05-2025 |
O R D E R
AMJAD ALI SAHITO, J.- Through instant criminal bail application, applicants/accused Muhammad Ibrahim @ Ibrahim and Faiz Muhammad seek interim pre-arrest bail in Crime No.50/2024, registered at Police Station Drigh for the offence U/s 324, 114, 337-A(i), 337-F(i), 337-H(2), 148, 149 P.P.C. Prior to this, they filed such application but the same was turned down by the Additional Sessions Judge-II, Kambar, vide order dated 05.11.2024, hence they have 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; that there is dispute over the plot on which the applicants have been booked in this case, otherwise role against applicant/accused Faiz Muhammad is that he has given back side of his hatched to brother of the complainant Sadam Hussain, otherwise as per medical certificate the injury declared by the doctor is 337-A(i) and 337-F(i), P.P.C which are bailable, whereas no role has been assigned against applicant/accused Muhammad Ibrahim; that case has been challaned and the applicants are attending the court and they are no more required for further investigation. He has lastly prays for confirmation of interim pre-arrest bail.
4. On the other hand, learned counsel for the complainant and learned D.P.G. have vehemently opposed for grant of bail and state that they are not entitled for concession of bail.
5. Heard and perused.
6. Admittedly name of applicants appeared in the F.I.R but the role assigned against applicant/accused Faiz Muhammad is that has given back side of hatched to one of the victim Sadam Hussain but doctor has declared the injuries as 337-A(i) abd 337-F(i) P.P.C which are bailable, whereas no role has been assigned against applicant/accused Muhammad Ibrahim, though he was armed with pistol.
7. At bail stage only tentative assessment is to be made. Learned counsel for the applicants has also pleaded malafide on the part of the complainant that due to dispute over the plot applicants/accused have been booked in this case.
8. In view of above, learned counsel for the applicants/accused has made out case for grant of interim pre-arrest bail. Resultantly, instant bail application is allowed. Interim order passed earlier is confirmed on same terms and conditions.
9. 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