IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Criminal Bail Appln. No. S-128 of 2025
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Applicant |
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Zulfiqar Ali Imamuddin Abdul Rasheed @ Rasheed Ahmed Sheral Khan (called absent) |
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Through Mr. Muhammad Ali "A" Pirzada, advocate |
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Complainant |
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Liaqat Ali |
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Through Mr. Abdul Rehman A. Bhutto, advocate |
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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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30-04-2025 |
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Date of order |
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30-04-2025 |
O R D E R
AMJAD ALI SAHITO, J.- Through instant criminal bail application, applicants/accused Zulfiqar Ali, Imamuddin, Abdul Rasheed @ Rasheed Ahmed and Sheral Khan seek interim pre-arrest bail in Crime No.05/2025, registered at Police Station Mahi Makol for the offence U/s 324, 114, 337-A(i), F(i), 147, 148, 337-H(ii) 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 03.03.2025, 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 and they have has falsely been implicated in this case; that though the name of applicants/accused transpired in the F.I.R but no specific role, if any, has been assigned to the applicants only role of general nature has been assigned and they have not caused any injury to prosecution witnesses. He lastly submits that case has been challaned and accused are no more required in this case. He prays for confirmation of interim pre-arrest bail.
4. Applicant/accused Zulifqar Ali is said to be at out of country, therefore, it seems that he has jumped the bail.
5. On the other hand, learned counsel for the complainant and learned D.P.G. have vehemently opposed for grant of bail stating that names of the applicants/accused transpired in the F.I.R, therefore, they are not entitled for concession of bail.
6. Heard and perused.
7. Admittedly name of applicants/accused appeared in the F.I.R but no specific role has been assigned to them, only mere presence at the place of incident has been shown. Furthermore they have not been attributed any injury to the prosecution witnesses.
8. At bail stage only tentative assessment is to be seen. The role assigned to the applicants/accused will be determined by the trial court when the evidence will be recorded. Learned counsel for the applicants has also pleaded malafide on the part of the complainant.
9. In view of above, the applicants/accused except applicant/accused Zulfiqar Ali have made out case for grant of interim pre-arrest bail. Resultantly, instant bail application to the extent of applicant/accused Imamuddin, Abdul Rasheed @ Rasheed Ahmed and Sheral Khan is allowed. Interim order passed earlier vide order dated 11.03.2025 is confirmed on same terms and conditions.
10. So far as the case of applicant/accused Zulfiqar Ali is concerned, it appears that he has jumped the bail granted by this court by misuing the bail. Such conduct not only hampers the administration of justice but also indicates the likelihood of the accused absconding again if released, therefore, he is not entitled for confirmation of interim pre-arrest bail. Accordingly, interim pre-arrest bail already granted to applicant/accused Zulfiqar Ali vide order dated 11.03.2025 is hereby recalled.
11. 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