IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No.S-75 of 2025

DATE OF HEARING

ORDER WITH SIGNATURE OF JUDGE

1. For orders on O/objection at flag-A.

2. For hearing of pre-arrest bail.

Date of hearing 09.09.2025.

Mr. Ali Mardan Shar, Advocate for applicants.

Mr. Muhammad Raza Katohar, D.P.G for State.

Complainant Zahid Hussain present, in person

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O R D E R

Applicants seeking pre-arrest bail in Crime No.02 of 2024 registered at Police Station Guloo Siyal u/s 395, 337A(i), 337L(2) PPC wherein they have been nominated as person accompanying with other co-accused when the applicants brother faced aggression and their animals were taken-away alongwith one of the applicant Budhal having caused lathi blows.

Learned counsel for the applicants contends that Section 395 PPC faced by the does not fall within the prohibitory clause whereas the injuries alleged in the matter are bailable. It is also contended that one of the FIR against the present applicants have been made out on the behest of the powerful personalities as they required to occupy the Forest area and that the applicants having identified the person as stated in the FIR belonging to the same village. The version coming out in the FIR requires further inquiry.

Learned Deputy Prosecutor General though could not rebut that the injuries alleged in the matter do not come within the prohibitory clause states that co-accused have been arrested and recoveries have also been effected from them. Learned DPG also states that the common intention being available with the present applicants the bail application is not liable to be entertained.

Having heard the counsels and gone through the record. Apparently, on one of the applicant have been alleged in respect to the aggression and the injuries thereof are also of the nature of other injuries whereas no recovery has been effected from them although apparently they were on bail and recovery may not be material. It is however, observed that they have specifically been named in the FIR and as such the element of seeking their hide out by way of foot-prints requires that the case of the applicants may be taken as of further inquiry. Accordingly, bail application is allowed. The interim pre-arrest bail earlier granted to applicants namely, Mukhtiar Ali, Shoukat Ali, Javed alias Ashtoo, Nizamuddin and Mumtaz Ali vide order dated 28.01.2025 is hereby confirmed on same terms and conditions however, the bail of applicant Budhal already dismissed as not pressed vide order dated 17.02.2025. The applicants in attendance are directed to continue their appearance before trial Court, till final decision of main case.

Bail application stands disposed of in the above terms.

J U D G E

Ihsan/PS.