2012 PLP 435 (YLR)

NISAR MUHAMMAD SHAIKH, J.

Learned counsel for the complainant together with his statement, filed certified copies of two applications moved by the advocate for accused before trial Court and two case diaries of the case pending before learned trial Court. This post-arrest bail application has been moved on behalf of Applicants/ accused Malik Pahar and Malik Sher Dil alias Raja in connection with Crime No.1 of 2005 of Police Station Bula Khan registered under sections 324, 341, 427, P.P.C. I have heard learned counsel for the parties and perused the relevant record. Learned counsel for the complainant and learned Additional Prosecutor-General Sindh vehemently opposed the bail application on the ground that applicants have misused the concession of bail and their conduct has been such that they are not entitled for concession of bail and still they are not interested to proceed with the case and that they are also involved in many other criminal cases. It appears from the record that initially, the applicants were granted pre arrest bail by the learned trial Court vide order dated 22-3-2006 passed by the learned Additional Sessions Judge, Kotri. Subsequently, applicants remained absent from the trial court since the month of August, 2009 till 15th June, 2010. Thereafter, when the applicants failed to get the relief of pre-arrest bail from the trial Court as well as this Court, they surrendered before the trial Court on 28-6-2011 and since then they are in jail. Their post arrest bail application moved before the trial Court, was also dismissed by the learned trial Court on 13-7-2011 and therefore, they have approached this Court for the same relief. It further appears from the record that the applicants were initially granted pre arrest bail by the trial Court on 22-3-2006 on merits of the case, holding that the application of section 324, P.P.C. is doubtful, the injured received fire arm injury on his leg, and that there is counter F.I.R. bearing Crime No.2 of 2005 lodged by cousin of the applicants namely Malik Waheed. He further observed in such order that these circumstances create doubt regarding intention of the complainant to lodge the F.I.R. against the accused persons. It is interesting that in the last order dated 13-7-2011 the same Court, though reproduced the facts of the case, did not give its findings on merits of the bail application and such post-arrest bail application of the applicants was dismissed, apparently, for the reason that their pre-arrest bail application was already dismissed by this Court on 13-6-2011. It appears from such order of this Court that pre-arrest bail application of the applicants was declined on account of their conduct as they remained absent for about 9/10 months from the trial Court. So far as the merits of the case are concerned, admittedly pre-arrest bail application was allowed by the trial Court on 22-3-2006 on merits of the case as referred to above, while post-arrest bail application rejected by the trial Court on 13-7-2011,did not show any discussion on the merits of the case. In such circumstances, the bail on merits cannot be declined to the applicants. But since they misused the concession of such bail as appear from the orders of trial Court as well as of this Court, therefore, the applicants were not entitled for ordinary relief. However, they have remained in jail since after they surrendered before the trial Court on 28-6-2011, therefore, it shows that they have sufficiently suffered in jail on account of their absence and misuse of the concession of bail. Looking to the peculiar circumstances of the case, I find that now the applicants who previously misused the concession of bail, have become entitled to be given a further chance and concession and therefore, they are granted post-arrest bail in the sum of Rs.200,000 each. Both the accused shall furnish two sureties of Rs.100,000 each and P.R bond in the like amount to the satisfaction of the trial Court, with further condition that they shall not seek adjournment to delay proceedings of the case on the day when the witnesses are in attendance before the trial Court. In such case, the complainant shall be at liberty to file application for cancellation of bail on further misuse of the concession of bail by the applicants. Criminal Bail Application stands disposed of. H.B.T./P-28/K Bail granted.