2017 PLP 235 (YLRN)

SHAHNAWAZ TARIQ, J.

By this common order, 1 intend to dispose of these two bail applications arising out of Crime No.37 of 2014 of P.S. Mahi Makol, under sections 452, 337-A(i), F(i), F(v), 114, 504, 148, 149, P.P.C., out of which in Cr. Bail Appln. No.S-38 of 2015, applicants Imam Bux, Imamuddin and Muhammad Pannah are seeking their post arrest bail, as their earlier bail application was declined by the learned Sessions Judge, Kamber Shandadkot at Kamber vide order dated 13.11.2014, and in Cr. Bail Appln. No.S-465 of 2014 applicants namely Abdul Wahab, Raja, Ahmed and Wali Muhammad have been granted interim pre arrest bail vide order dated 23.10.2014.

2. The relevant facts spelt out from the FIR are that applicants entered into the house of the complainant and caused hatchet and lathi blows to the complainant and others, hence the instant FIR.

3. Learned counsel for the applicant contended that applicants are innocent and have been falsely implicated by the complainant party due to their ulterior motives. Learned counsel further contended that on the fateful day, harvested wheat crop of accused Wali Muhammad was stolen away as such accused persons tracked the footprints of thieves which disappeared infront of houses of complainant party and on inquiry in this regard, complainant party became annoyed and Ali Gul caused lathi blows to Wali Muhammad and he sustained injuries. He further contended that there is delay of 12 days in lodging of the FIR for which no plausible explanation has been furnished by the complainant. Learned counsel further contended that all the injuries allegedly caused to the complainant party are on non-vital parts of the bodies of the injured persons, except injury caused to Muhammad Ishaque on his head by hard and blunt substance. He further contended that that all the offences are punishable with five years which do not fall within ambit of prohibitory clause of section 497, Cr.P.C. He further contended that applicants are behind the bars for about 8 months but prosecution has failed to examine a single witness in support of its case. He further contended that applicants enlarged on interim pre arrest bail, have neither misused the concession of bail nor they attempted to tamper with the prosecution evidence.

4. While controverting the submissions made by the learned counsel for the applicants, learned counsel for the complainant contended that names of the applicants are mentioned the FIR with specific role assigned to them. He further contended that applicant Wali Muhammad with ulterior motives had approached to the learned Justice of Peace for lodging counter FIR against the complainant party and in compliance of such order entry was made in the roznamcha.

5. Learned D.P.G adopted arguments advanced by the learned counsel for the complainant and opposed the plea of bail raised by the learned counsel for the applicant.

6. Perusal of the material available on record and consideration of arguments advanced by the learned counsel for the parties emanate that alleged incident taken place on 20.09.2014 while instant FIR was lodged on 03.10.2014, but no plausible explanation is furnished in FIR for its lodgment with delay of 12 days. As per medical record, the injuries caused to the injured persons are on non-vital parts of their bodies, except injured Muhammad Ishaque who sustained injury on his head by hard and blunt substance. Indeed, all the offences mentioned in challan are punishable upto five years which do not fall within the compass of restraining clause of section 497, Cr.P.C. Admittedly, applicants are behind the bars for about 8 months but prosecution has failed to examine even a single witness before the Court of learned trial Magistrate to substantiate its case, which indicates that complainant is only interested to keep the accused behind the bars. Conversely, applicant Wali Muhammad also approached to the Justice of Peace by narrating the alleged incident and causing of injury by accused Ali Guland direction was issued to the concerned SHO for recording his statement which is available at page No.57 of the file vide roznamcha entry No.16, dated 16.01.2015, at 1245 hours, lodged by accused Wali Mohammad.

7. It is well settled that while considering the question of bail, Court has to consider the minimum aspect of the sentence provided for the alleged offence in the schedule and it is for the learned trial Court to threshold the truth by recording evidence of P.Ws. Admittedly, after conclusion of investigations, challan has been submitted before the trial Magistrate and further detention of applicants will not serve any useful purpose. It is significant to mention that during period of grant of interim pre arrest bail, neither applicants misused the concession of bail nor they had attempted to tamper with the prosecution evidence.

8. Considering the above facts and circumstances, applicants Imam Bux, Imamuddin and Muhammad Pannah are enlarged on post arrest bail on furnishing solvent surety in the sum of Rs.50,000/- each and P.R. bond in the like amount to the satisfaction of learned trial Court. Similarly, the interim pre arrest bail granted to the applicants Abdul Wahab, Raja, Ahmed and Wali Muhammad stands confirmed on the same terms and conditions. Applicants are directed to appear before the learned trial Court regularly. SL/I-14/Sindh Petitions accepted.