IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Criminal Bail Appln. No. S-115 of 2025
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Applicant |
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Nadar Ali @ Sajjad Ali s/o Mir Muhammad Chandio, |
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Through Mr. Muhammad Ali "A" Pirzada, 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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Complainant |
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Liaqat Ali |
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Through Mr. Abdul Rehman A. Bhutto, advocate |
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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, applicant/accused Nadar Ali @ Sajjad Ali seeks 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, he filed such application but the same was turned down by the Additional Sessions Judge-II, Kambar, vide order dated 03.03.2025, hence he has 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 applicant submits that the applicant/accused is innocent and he has falsely been implicated in this case; that though the name of applicant/accused transpired in the F.I.R but no specific role, if any, has been assigned to the applicant only role of general nature has been assigned and he has not caused any injury to prosecution witnesses. He lastly submits that case has been challaned and accused is 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 name of the applicant/accused transpired in the F.I.R, therefore he is not entitled for concession of bail.
5. Heard and perused.
6. Admittedly name of applicant appeared in the F.I.R but no specific role has been assigned to him, only mere presence at the place of incident has been shown. Furthermore he has not been attributed any injury to prosecution witnesses.
7. At bail stage only tentative assessment is to be seen. The role assigned to the applicant/accused will be determined by the trial court when the evidence will be recorded. Learned counsel for the applicant has also pleaded malafide on the part of the complainant.
8. In view of above, the applicant/accused has made out case for grant of interim pre-arrest bail. Resultantly, instant bail application is allowed. Interim order passed earlier vide order dated 07.03.2025 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