2022 PLP 1308 (MLD)

KHADIM HUSSAIN M. SHAIKH, J.

Through the captioned bail application, applicants Ali Gohar son of Raza Muhammad alias Shahnawaz Gopang and Imtiaz Ali alias Mitan son of Ali Gohar Gopang have sought pre-arrest bail in the case, emanating from FIR No.57 of 2019, registered at Police Station Badeh for offence under sections 337-A(i), 337-A(ii), 337-F(i), 452, 504, 148 and 149, P.P.C., after their plea for pre-arrest bail has been declined by the learned Additional Sessions Judge-IV, Larkana by dismissing their application vide Order dated 08.02.2020.

2. Learned advocate for the applicants has mainly contended that the applicants are innocent and they have been falsely implicated in this case by complainant Zamir Hussain Gadehi due to their previous hostility over a plot; that there is delay of 25 days in lodgment of the FIR without proper explanation thereof; that the offence with which the applicants are charged does not fall within prohibitory clause of section 497, Cr.P.C; that co-accused Aijaz Ali has already been enlarged on bail by the learned Trial Court vide order dated 23.12.2019, copy whereof is available at pages 25 to 27 as Annexure "D"; and, that the applicants, apprehending their arrest with ulterior motives at the hands of the police, have sought for pre-arrest bail. The learned counsel prays for confirmation of interim pre-arrest bail earlier granted to the applicants.

3. The learned Additional Prosecutor General has frankly conceded to the confirmation of interim pre-arrest bail earlier granted to the applicants, contending that the offence with the applicants are charged does not fall within the prohibitory clause of section 497, Cr.P.C., for, applicant Imtiaz Ali alias Mitan and co-accused Aijaz Ali are alleged to have caused one injury each to Mst. Rubina on her left shoulder and near left eye, which are certified to be Ghayr-jaifah damiyah, constituting offence under section 337-F, P.P.C and Shaja-i-Khafifah, constituting offence under section 337-A(i), P.P.C carrying punishment upto one year and two years respectively and whereas applicant Ali Gohar is alleged to have caused injury to Farhan with back side hatchet near his right eye-brow, which is certified to be Shajja-i-mudihah, constituting offence under section 337-A(ii), P.P.C carrying punishment upto five years; that there is delay of 25 days in lodgment of the FIR without proper explanation thereof; and that injured Mst. Rubina had appeared before the Medical Officer on 27.10.2019 and whereas injured Farhan is shown to have appeared before the Medical Officer on 28.10.2019 without any reasonable explanation, and thus, per him, the possibility of false implication of the applicants in this case cannot be ruled out in view of the previous hostility between the parties, coupled with inordinate delay of 25 days in lodgment of the FIR. Under these circumstances, I am of the considered view that the applicants, who have since joined their trial and are not alleged to have misused the concession of interim pre-arrest bail, have made out their case for grant of anticipatory bail. Accordingly, this bail application is allowed and ad-interim pre-arrest bail earlier granted to the applicants vide order dated 03.03.2020 is hereby, confirmed on same terms and condition.

4. The observations made hereinabove 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 case. SA/A-93/Sindh Pre-arrest bail confirmed.