2020 P Cr (PLP)

KHADIM HUSSAIN M. SHAIKH, J.

Through the captioned bail application, applicant Abdul Ghani Lashari has sought for pre-arrest bail in case, emanating from Crime No.21 of 2019, registered at Police Station Gaji Khuhawar for offence under sections 337F(v), 337A(i), F(i), 504, 148, 149, P.P.C. after his plea for pre-arrest bail has been declined by the learned Sessions Judge, Kamber-Shahdadkot at Kamber by dismissing his bail application vide order dated 17.07.2019.

2. Learned advocate for the applicant has mainly contended that there is delay of more than 18 days in lodgment of the FIR without proper explanation thereof; that the medical evidence is in conflict with the ocular accounts with regards to the injuries allegedly sustained by injured Sultan Ahmed and injured Ghulam Murtaza; that there is previous hostility between the parties over the landed property, which is even admitted in the FIR; that the applicant is a respectable person and he apprehending his arrest with ulterior motives at the hands of the police has sought for pre-arrest bail; and, that the applicant has since joined his trial and is regularly attending the Trial Court. The learned counsel prays for confirmation of interim pre-arrest bail earlier granted to the applicant.

3. Learned Additional Prosecutor General has opposed the confirmation of bail, stating that the name of the applicant is mentioned in the FIR with specific role of causing injury on the forearm of injured Sultan Ahmed by lathi blow.

4. I have considered the submissions of learned advocate for the applicant and have gone through the material available on record and police file with the assistance of learned Additional Prosecutor General.

5. From a perusal of the record it would be seen that there is inordinate delay of more than 18 days in lodgment of the FIR without proper explanation thereof; the parties are on dispute over the landed property; the offence with which the applicant is charged does not fall within prohibitory clause of section 497, Cr.P.C.; the learned Additional Prosecutor General after going through the record states that per prosecution present applicant Abdul Ghani Lashari, co-accused Sardar Ali and co-accused Abdul Razzak caused lathi blows to injured Sultan Ahmed on his arm, head and thumb of right hand respectively and co-accused Saddam and Bachal allegedly caused blunt side hatchet blows to alleged injured Ghulam Murtaza, but the Medico-legal Officer, who examined injured Sultan Ahmed and Ghulam Murtaza, found only one injury on the person of injured Sultan Ahmed and one injury on the person of injured Ghulam Murtaza; and, thus, the medical evidence is not in line with the prosecution version. Under these circumstances, possibility of false implication of the applicant in this case cannot be ruled out. Co-accused Sardar Ali, Saddam Hussain and Muhammad Bachal are on bail. The applicant has since joined his trial and is regularly attending the Trial Court and there is no complaint of his misusing the concession of interim pre-arrest bail earlier granted to him, therefore, I am of the view that the applicant has made out his case for anticipatory bail. Accordingly, the bail application is allowed and ad-interim pre-arrest bail earlier granted to applicant Abdul Ghani Lashari vide order dated 25.07.2019 is hereby confirmed on same terms and conditions. The observations hereinabove made are tentative in nature only for the purpose of deciding the instant bail application, which shall not in any manner influence the learned Trial Court at the time of final decision of the subject Sessions case. ADN/A-166/Sindh Pre-arrest bail confirmed.