IN THE HIGH COURT OF SINDH BENCH
AT SUKKUR
Crl. Bail Appln. No.S-466 of 2025
Crl. Bail Appln. No.S-556 of 2025
Crl. Bail Appln. No.S-285 of 2025
|
DATE
OF HEARING |
ORDER WITH
SIGNATURE OF HON’BLE JUDGE. |
1. For orders on O/objection at
flag-A.
2. For hearing of pre-arrest bail.
27.08.2025
Mr. Abdul Raheem Ansari, Advocate applicants in Crl. Bail Application
Nos.S-466 and S-556 of 2025.
Syed Jaffer Ali Shah Advocate for applicant in Crl. Bail Application
Nos. S-285 of 2025.
Mr. Riaz Ali Shaikh, Advocate for complainant.
Mr. Khalil
Ahmed Maitlo,
Deputy Prosecutor General for State.
**********
In these
three bail applications the bail application No.S-285 of 2025 is post-arrest
whereas other two are pre-arrest bail applications wherein the applicants
require bail in Crime No.16 of 2023 Police Station, Patni u/s 324, 148, 149
& 337-D PPC, according to which they are said to have committed the overt
act alongwith other persons wherein specific allegations has been made against
accused Hubdar Ali Jatoi, applicant of Crl. Bail Application No.S-285 of 2025.
Learned
counsel for applicants in Crl. Bail applications No.S-466 and 556 of 2025 state
that there is one day delay and that though firing has been attributed to the said
applicants same is apparently ineffective.
It is also contended that only empties of Kalashnikov and Pistol are said to
have been recovered from spot whereas, no collection of blood stain earth and
clothes has been shown. It is also contended that the applicant in bail
application No.S-556/2025 is a Govt. servant and is reportedly on duty at Johi
district Dadu for which document has been annexed. As to the post-arrest bail
application bearing No.S-285 of 2025 learned counsel has primarily taken
medical ground contending that open heart surgery of the applicant is required
by way of report dated 16.06.2025. It is also contended that five persons are
nominated and only one injury has been reported. It is also contended that no recovery
has been effected in the matter.
Learned
counsel for complainant in Crl. Bail Application No.S-466 of 2025 contends that
firing has been attributed though in effective against the said applicant the joint
liability is ever present. Learned counsel for complainant in Crl. Bail
Application No.S-556 of 2025 adopts the same arguments, however, on behalf of learned
counsel for the complainant in bail application No.285 of 2025 adjournment is
being sought on the ground that the concerned counsel is out of city. Learned
counsels relies upon cases reported in 1982
SCMR 975, 1986 SCMR 847, 1998 SCMR 1065, 2004 SCMR 15, 2006 SCMR 1225 and 2003
P.Cr.LJ 855.
During
course of arguments Mr. Abdul Waheed Mahar, Advocate files Vakalatnama on
behalf of complainant in Crl. Bail Application No.S-556 of 2025, taken on
record.
Learned
Deputy Prosecutor General however, contended that delay has been explained in
the FIR as the injured was to be taken to the hospital. It is further contended
in respect to the post-arrest application though no recovery is attributed in
the matter it is to be considered that the applicant acquired bail by way of
bail application bearing No.S-122 of 2024 which was dismissed whereafter
eventually he sought protective bail and thereafter pre-arrest bail in bail
application No.104 of 2025 all of which have been dismissed. He further contends
that the medical report brought-up has not shown any danger to the life of the
applicant. In respect to the pre-arrest bail application it is also contended
that active participation of the said applicants are present in the FIR which
is duly supported by 161 Cr.P.C. He relies upon the cases reported in 2020 SCMR 2089 and 2006 SCMR 966.
Learned
counsels having been heard let the matters be taken-up on 08.09.2025 wherein learned counsel for
applicant in bail application No.S-285 of 2025 may be heard in person or he may
submit written submission if personal attendance is not available however, the said matter is liable to be considered
on the basis of record present and whatsoever assistance as may be available on
the said date.
Office is directed to place a
signed copy of this order in captioned connected matters.
J U D G E
Ihsan/PS.