2025 PLP 981 (YLR)

Muhammad Saleem Jessar.

By this common order, I intend to dispose of both the captioned bail applications, as common question of law and facts. are involved and both the applications are filed in one and same crime.

2. Applicants Nawab Khan son of Imam Bux, Ali Ahmed son of Ali Hassan, Gul Hassan son of Mir Hassan and Mueen son of Muhammad Hassan (Cr. Bail Application No.S-615/2024) and Shahnawaz and Noor Ahmed, both sons of Ali Hassan Kalhoro (Cr. Bail Application No.S-713/2024) seek pre-arrest bail in Crime No.23 of 2024, registered at Police Station Raheem Abad, Shikarpur, for offence under Sections 337-F(v), 337-F(iii), 337-F(i), 114, 148, 149, 504, P.P.C, after their plea for pre-arrest bail has been turned down by the learned IIIrd Additional Sessions Judge, Shikarpur vide single order dated 05.10.2024. The case has been challaned and is pending for trial before the Civil Judge and Judicial Magistrate-I, Khanpur.

3. According to the case of prosecution, on 18.9.2024, at about 4.00 p.m., in the street of village Jado Kalhoro, Taluka Khanpur, District Shikarpur, the present applicants along with co-accused Muhammad Hassan and Jhangal, having iron bars and lathies, intercepted the complainant Imdad Ali Kalhoro, his brother Jan Muhammad and cousin Munir Ahmed and caused injuries to PW Jan Muhammad at his legs, right hand and other parts of body and then fled away by hurling abuses.

4. Learned counsel for the applicants submits that the FIR is delayed for about 12 days without plausible explanation. He next submits that the role assigned to the applicants is general in nature, besides, the injuries allegedly sustained by injured PW Jan Muhammad are on non-vital parts of his body like left and right legs and finger of hand and that said injuries have been declared to be Jurh Ghayr Jaifah Hashimah and Jurh Ghayr Jaifah Mutalahimah falling under Sections 337-F(iii) and 337-F(v), P.P.C, carrying maximum punishment of 05 years, therefore, does not exceed the limits of prohibitory clause of Section 497, Cr.P.C.. He next submits that the parties are already on strained relations. therefore, the concession of interim pre-arrest bail already granted to the applicants may be confirmed.

5. Learned Addl. P.G. submits that the role attributed to the applicants is general in nature; besides the injuries allegedly sustained by injured PW Jan Muhammad carry maximum punishment upto 05 years, which does not exceed the limits of prohibitory clause of Section 497, Cr.P.C. therefore, he has no objection for confirmation of interim pre-arrest bail.

6. Learned Counsel for the complainant opposes the bail applications, contending that the applicants are nominated in the FIR and they have been assigned the role of causing lathi and iron bars blows to injured PW Jan Muhammad; besides, no mala fide has been shown which may warrant their admission to pre-arrest bail. As far as medical evidence is concerned, learned Counsel for the complainant under the cover of his statement of today's date places on record copy of the report of Special Medical Board and submits that the injury shown as Jurh Ghayr Jaifah Mutalahimah was converted into Jurh Ghayr Jaifah Hashimah, which is severe than the former. In support of contentions, he has referred to an unreported order dated 02.10.2024 passed in Cr. B.As. Nos.S-428, 480 & 493 of 2024 and submits that both the bail applications having no merit may be dismissed. 6.(sic) Heard. Record perused.

7. No doubt, the applicants are nominated in the FIR and are shown to be armed with lathi and iron bar; however, per FIR, all the accused have been assigned general role; besides, the injuries allegedly sustained by injured PW Jan Muhammad are on non-vital parts of his body like legs and finger of hand; besides the punishment prescribed under the law for the said injuries is upto 05 years, which does not fall within the prohibitory clause of Section 497, Cr.P.C Moreover, the alleged incident is shown to have occurred on 18.9.2024 and the report thereof was lodged on 30.9.2024 i.e. with the delay of 12 days and no plausible explanation has been furnished by the prosecution for such an inordinate delay. The case has been challaned, the applicants after grant of pre-arrest bail have surrendered before the trial Court and there is no complaint against them regarding misuse of the concession so extended them. The case is being tried by the Court of Judicial Magistrate, where after recording evidence if the prosecution may succeed in establishing the charge against the accused, even then punishment of more than 03 years cannot be visualized. In the circumstances and in view of the dicta laid down by the Apex Court in the case of Muhammad Tanveer v. The State (PLD 2017 SC 733) the case against the applicants requires further enquiry Apart from that, the parties also appear to be on inimical terms with each other, as is evident from bare perusal the FIR, which starts with the disclosure of previous dispute/enmity between the parties, which is sufficient to believe that the prosecution has been initiated/ motivated for ulterior motives and with mala fide intention; hence, the basic ingredients for grant of pre-arrest bail, as has been laid down by the Hon'ble Supreme Court of Pakistan in the case of Rana Muhammad Arshad v. The State (PLD 2009 SC 427) are fully attracted.

8. Consequently, theses bail applications are hereby allowed. Resultantly, the interim pre-arrest bail granted to the applicants on 15.10.2024 and 25.11.2024 respectively, is hereby confirmed on same terms and conditions.

9. The observation recorded above are based on tentative assessment of the material placed on record, which shall not influence the trial Court, in any manner, during the trial. SA/N-6/Sindh Bail confirmed.