ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Bail Appln. No. S- 471 of 2014.

Date of hearing

Order with signature of Judge

21.11.2014.

1. For orders on office objections.

2. For hearing.

Mr. Suhendar Kumar, Advocate for applicants alongwith applicants.

Mr. Munir Ahmed Abbasi, D.D.P.P.

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Abdul Maalik Gaddi, J:               The applicants/ accused are present on interim pre arrest bail granted to them by this Court vide Order dated 27.10.2014. Today, this bail application is fixed for confirmation or otherwise.

            Learned counsel for the applicants and learned D.D.P.P have been heard and perused the record.

            The allegations against the applicants/ accused are that on 05.7.2014, at 7.00 a.m. when complainant Insaf Ali alongwith his brother Shoukat Ali, Imtiaz Ali, and cousin Farman Ali were available at their land, all of sudden present applicants/ accused alongwith co-accused Muhammad Rafique duly armed with hatchet, rifle and “Dandas” came there and asked them why they were ploughing in their land and they by saying so caused lathi, hatchet and rifle butt blows to P.Ws: Shoukat Ali, Mazhar, Imtiaz and Farman at different parts of their bodies; they were referred to hospital and such F.I.R was registered being Crime No.35/2014, registered under Sections 337-A (ii), 337-F (i), 337-H (2), 148, 149 P.P.C at  P.S Drigh.

            It is contended by the learned counsel for the applicants/ accused that case against the applicants is false and has been registered due to enmity over agricultural land and the applicants have not been attributed any specific injury to the injured. He has further submitted that during investigation the applicants/accused have been found innocent but the learned trial Court without assigning any good reason joined them as accused in this case. Per learned counsel that co-accused Muhammad Rafique though he was armed with rifle alongwith present applicants at the time of alleged incident and caused rifle butt to P.W Farman has been granted bail by the trial Court, but the bail application of the applicants has been rejected without assigning any good reason. Per learned counsel that challan against applicants has been submitted before the trial Court; they are no more required for investigation. Furthermore, the parties have also arrived at compromise in between them and such compromise application would be filed before the trial Court, therefore, under these circumstances he has prayed for confirmation of pre arrest bail already granted to the applicants.

            Learned D.D.P.P though opposed the bail application on the ground of active participation of the applicants in the commission of offence, but he has not been able to refute above factual and legal aspect of the case, as argued by the learned counsel for the applicants.

            From the perusal of record it appears that the enmity in between the parties is apparent over agricultural land. There are general allegations against applicants of causing injuries to P.Ws Shoukat Ali, Mazhar, Imtiaz and Farman. As per medical certificate the injuries attributed to the applicants have not been declared as dangerous and detrimental to the lives of the injured witnesses. Co-accused Muhammad Rafique though he was armed with rifle and alleged to have caused rifle butt blow to P.W Farman on his head has been granted post arrest bail by the learned trial Court vide its order dated 28.8.2014, and the case of the applicants almost appears to on same footings, rather on better footings, as the applicants have also been declared innocent during investigation; and the case against the applicants is of two versions, one submitted by the investigating officer and other by the learned trial Court while joining the applicants as accused in this case, as such on this ground the case of the applicants require further inquiry.

            It is contended by the learned counsel for the applicants that according to his information and belief the parties have arrived at compromise and there is every likelihood of filing of compromise application by the parties before the trial Court.

            As observed above, learned D.D.P.P though opposed the bail application has not been able to refute the above factual and legal aspects of this case, under these circumstances when specifically challan has been submitted and applicants are no more required for investigation and the injuries as per medical certificate are not declared dangerous to the injured witnesses, therefore, I have no hesitation to confirm pre arrest bail granted to the applicants. I, accordingly confirm the interim pre arrest bail already granted to the applicants on same terms and conditions, with direction to applicants to appear before the trial Court to face trial.

                                                                                      Judge