GHULAM MUHAMMAD alias MASOOD Versus State
ORDER
KHADIM HUSSAIN M. SHAIKH, J .---By means of this bail application, applicant Ghulam Muhammad alias Masood seeks pre-arrest bail in the case, emanating from FIR No. 50 of 2019 registered at Police Station Warrah for offence under sections 452, 337-A(i) A(ii), F(i), F(ii), 114, 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 05.08.2019.
2. Learned Advocate for the applicant has mainly contended that there is delay of one day in lodgment of FIR without proper explanation thereof; that the complainant by throwing very wide net has implicated almost all the male members of the accused party, who are numbering eight including the applicant. Of them, seven accused are brothers inter se and whereas 8th one is their father; that there is conflict in medical and ocular evidence; that all the co-accused are on bail except the applicant; that the offence with which the applicant is charged does not fall within the prohibitory clause of section 497, Cr.P.C; and, that the applicant has been falsely implicated by the complainant party with mala fide intention due to previous hostility between the parties over landed property. Learned counsel states that the applicant has since joined the trial and he is regularly attending the trial Court, he, therefore, prays that the ad-interim pre-arrest bail earlier granted to the applicant may be confirmed. Learned Advocate for the complainant opposes the confirmation of pre-arrest bail, stating that the delay in lodgment of the FIR has been explained properly; and, that the applicant is assigned specific role of causing lathi injury on ; right arm shoulder of Altaf Hussain. Learned counsel prays for dismissal of the bail application. Learned D.P.G after going through the police papers submits that in FIR three persons, namely, Mst. Atiya Khatoon, Altaf Hussain and Mansoor were shown injured but there is no medical certificate for alleged injured Mansoor and further endorsing the contentions of the learned counsel for the applicant, has raised no objection to confirmation of interim pre-arrest bail earlier granted to the applicant. In such view of the matter, I am of the considered view that the applicant, who has since joined his trial and is not alleged to have misused the concession of pre-arrest bail, has made out his case for grant of pre-arrest bail. Accordingly, the bail application is allowed and the ad-interim pre-arrest bail earlier granted to the applicant vide order dated 20.08.2019 is hereby confirmed on the same terms and conditions.
3. Observations made herein above are only for the purpose of deciding this bail application, which shall not in any manner influence the learned trial Court at the time of final decision of the subject case.
ADN/G-47/Sindh Bail confirmed.