IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No.S-715 of 2025

DATE OF HEARING

ORDER WITH SIGNATURE OF JUDGE

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

2. For hearing of post-arrest bail.

Date of hearing 07.10.2025.

M/s Khan Muhammad Sangi and Sikandar Sadar Siddique, Advocate for applicant.

Syed Sardar Ali Shah, Addl. Prosecutor General for State.

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O R D E R

Notices on the complainant are reported unserved as earlier on account of the complainant not being available. Learned counsel for applicant files statement alongwith diaries of the trial Court in order to stress the ground of delay.

By way of this application applicant seeks bail who has been nominated in Crime No.26 of 2022 police Station Tamachani for offence u/s 302, 324, 427, 364, 114, 337H(ii), 504, 506/2, 148, 149 PPC whereby in respect to his role it is stated that he has caused injures to the injured Athar Ali.

Learned counsel for the applicant contends that since lodging of the FIR the applicant is behind bars and the witnesses that have come-up have been examined. He further contends that the applicant cannot be held indefinitely and that the proceeding of the case is not hampered by non-participation of the applicant side. Learned counsel also contends that the role of the applicant was limited to injury of Athar which does not come within the prohibitory element. He requires hardship ground to be considered. He relies upon cases reported in 2024 SCMR 28 and 2023 SCMR 857 in this regard.

Learned Additional Prosecutor General however, contends that the present applicant was a member of an unlawful assembly as per the FIR and in similar cases as reported on 2022 SCMR 129, injury caused to the prosecuting witness in a murder case was declined by the Honourable Supreme Court of Pakistan. Learned Addl.P.G, also contends that the duty of the trial Court is available for proceeding of the case in failure of witnesses forthcoming and even final announcement can be made.

Having heard the learned counsels and gone through the record. The direct accusation apart from being a member of an unlawful assembly is injury of Athar which apparently not coming within the prohibitory element. The applicant behind bars since inception to which more than three years having been passed and the proceeding of the trial not being restricted on his part. The bail of the applicant is found liable to be entertained and accordingly the bail application stands allowed. The applicant is admitted to post-arrest and released him on bail subject to furnishing his solvent surety in the sum of Rs.100,000/- (Rupees One lac) and PR bond in the like amount to the satisfaction of learned trial Court.

Needless to mention here that observation as above are tentative in nature and not meant to affect merits of the case before the learned trial Court.

Bail application stands disposed of in the above terms.

J U D G E

Ihsan/PS.