IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

 

        Crl. Bail Aapplication No.S-575 of 2021        

 

DATE OF

HEARING

 

ORDER WITH SIGNATURE OF JUDGE.

 

                           For hearing of bail application.

 

 

14.10.2021

 

 

Mr. Shafique Ahmed Leghari Advocate for applicant.

Syed Sardrar Ali Shah D.P.G for state.

                ***************

 

          O R D E R

 

 

 

 

        Mr. Imdad Ali Malik Advocate files power on behalf of applicant while SHO Police Station ‘A’ Section, Ghotki files reply to show-cause notice issued against him which is found satisfactory hence, show-cause notice is hereby withdrawn.

 

2.     The applicant was admitted to pre-arrest bail by this Court vide order dated 14.09.2021, now the matter is fixed for confirmation or otherwise.

 

3.     Having been rejected his earlier Crl. Bail application bearing No.1297 of 2021 by learned I-Additional Sessions Judge (MCTC), Ghotki vide order dated 10.09.2021, applicant/accused Shabir Ahmed son of Allah Warayo Magsi seeks through instant Crl. Bail application           pre-arrest bail in Crime No.253 of 2021 registered under Section 337A(i), 337F(i), 147, 148 , 149 PPC at Police Station, ‘A’ Section, Ghotki.

 

4.     It is alleged that on 04.09.2021 at about 1300 hours, the applicant/accused along with four co-accused named in FIR and one unidentified co-accused, duly armed with hatchet and lathis was member of an unlawful assembly and in prosecution of common object of such an unlawful assembly, he caused hatchet blow to injured PW Bahar Ali, for which, the applicant and co-accused were booked in the instant case. The motive of incident is stated in the FIR to be a matrimonial dispute between parties. 

 

5.     After hearing the learned Counsel for applicant, complainant, learned Deputy Prosecutor General and perusing the material on record. It appears that after investigation the police has submitted the challan against the accused. Medico-legal officer has described injury allegedly inflicted to injured by the applicant as “Shajjah-i-Mudihah”, punishable u/s 337F(iv) with imprisonment of five years which does not fall within the prohibitory clause of Section 497 Cr.P.C hence, the interim bail already granted to the applicant vide order dated 14.09.2021 is hereby confirmed on same terms and conditions.

 

        Application stands disposed of.

 

                                                                                                        J U D G E

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ihsan