IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Criminal Bail Appln. No. S-137 of 2025
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Applicants |
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Sadam Hussain, Allah Dino, Meer Muhammad Chandio, Abdul Wahid (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 Sadam Hussain, Allah Dino, Meer Muhammad and Abdul Wahid 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. 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.
5. Heard and perused.
6. Admittedly name of applicants 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.
7. 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.
8. In view of above, the applicants/accused have made out case for grant of interim pre-arrest bail. Resultantly, instant bail application is allowed. Interim order passed earlier vide order dated 13.03.2025 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