Abdul Wahab (Applicant) VS The State (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

Cr. Bail Application No.S-512 of 2026 Cr. Bail Application No.S-926 of 2026 Cr. Bail Application No.S-927 of 2026

DATE ORDER WITH SIGNATURE OF JUDGE

Applicant(s) are present on interim pre-arrest bail.

Mr. Ghulam Farooque, Advocate for applicants in Cr. Bail Application No.S-512 of 2026.

Mr. Hemandas S. Sanghani, Advocate for applicants in Cr. Bail Application Nos.S-926 & 927 of 2026 and for complainant in Cr. Bail Application No.S-512 of 2026.

Syed Ali Raza Shah, Advocate for complainant in Cr. Bail Application Nos.926 & 927 of 2026.

Ms. Rameshan Oad, Asst. Prosecutor General, Sindh.

ZULFIQAR ALI SANGI J:- By this common order, I intend to dispose of captioned criminal bail applications as the same are arising out of same crime.

2.The applicants, namely, (1) Muhammad Siddique s/o Nindo Khan, (2) Abdul Aziz s/o Ghanwar Khan, (3) Hussain Ahmed s/o Abdul Jabbar and Muhammad Sulleman @ Sulleman s/o Muhammad Hassan alias Hasu are seeking pre-arrest bail in Crime No.46 of 2026 registered u/s 324, 147, 148, 149, 337-A(i), 337-F(i) PPC at Police Station Khoski District Badin whereas, applicants, namely, (1) Abdul Wahab s/o Abdul Hakeem, (2) Wahid Bux s/o Abdul Hakem and (3) Mehmood Ali s/o Abdul Hakeem are also seeking pre-arrest bail in the said Crime No.46 of 2026 registered u/s 324, 506(2), 341, 147, 148, 149, 337-A(i), 337-F(i), 504, 337-A(ii), 337-F(vi), 337-L(ii), 34 PPC at Police Station Khoski District Badin. Earlier, the bail plea raised by the applicant(s) before the trial Court was declined by means of separate orders dated 13.04.2026, 08.05.2026 and 08.07.2026, respectively.

2.It is the case of the prosecution that initially, F.I.R. No.46 of 2026 was registered on the complaint of Mehmood Ali, who is applicant No.2 in Cr. Bail Application No.S-927 of 2026, against the

applicants, namely: (1) Muhammad Siddique son of Nindo Khan, (2) Abdul Aziz son of Ghanwar Khan, (3) Hussain Ahmed son of Abdul Jabbar, and (4) Muhammad Sulleman alias Sulleman son of Muhammad Hassan alias Hasu, who are the applicants in Cr. Bail Application No.S-512 of 2026.

3.It is noted that, during the course of investigation, a counter- version of the same occurrence was also brought on record at the instance of the applicants/accused in Cr. Bail Application No.S-512 of 2026. In the said counter-version, the applicants, namely: (1) Abdul Wahab son of Abdul Hakeem, (2) Wahid Bux son of Abdul Hakem, and (3) Mehmood Ali son of Abdul Hakeem, who are the applicants in Cr. Bail Application Nos.S-926 and S-927 of 2026, were nominated as accused from the opposite side, with allegations of having caused injuries to the members of the other party. Thus, the record reflects that the present case arises out of a cross- version/counter-case emanating from the same occurrence, wherein both sides have leveled allegations against each other and sustained injuries. Both versions were investigated by I.O and upon completion of investigation the parties were challaned in respect of the same occurrence. Separate reports under Section 173 Cr.P.C. were thereafter submitted before the competent Court in respect of the respective versions.

4.Furthermore, the existence of above cross-versions and the respective roles attributed to the parties are relevant circumstances to be taken into consideration while determining the question of bail. However, at this stage, when the matter has been taken up for consideration of confirmation of bail, both sides, who are present in Court, have stated that they have no objection to the confirmation of bail in favour of each other. Such consent/no-objection has been given without touching upon the merits of the case, as any observation on the merits at this stage may prejudice the case of either party during the course of trial. Learned D.P.G. for the State has also stated that she has no objection to the confirmation of bail to the applicants, as the offence for which applicants are allegedly involved does not fall within the prohibitory clause of Section 497 Cr.P.C. Accordingly, no finding or observation on the merits of the respective cases is being made at this stage, so as to ensure that the trial remains uninfluenced by any observation made in these proceedings.

5.In view of the foregoing and the no-objection raised by both the parties, and that the offence for which applicants are allegedly involved does not fall within the prohibitory clause of Section 497 Cr.P.C, the captioned Criminal bail applications are allowed and the interim pre-arrest bail earlier granted to the applicant(s) is hereby confirmed on same terms and conditions.

6.The observations made hereinabove are tentative in nature and shall not influence the trial court while deciding the case on merits.

7.The bail applications are disposed of as above.

JUDGE

*Hafiz Fahad*