Nazar (Applicant) VS PO SIndh (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

Cr. Bail Appln. No.S- 1127 of 2017

DATE ORDER WITH SIGNATURE OF JUDGE

Date of hearing: 20.03.2019.

Date of order: 20.03.2019.

Applicant is present on interim pre-arrest bail. Mr. Nazar Muhammad Memon, Additional Prosecutor General. Complainant SIP Muhammad Khan Panhwar present in person.

SHAMSUDDIN ABBASI, J:- Applicant seeks pre-arrest bail in Crime No.72/2016 registered at Police Station Pinyari Hyderabad for offences punishable under Section 324, 353, 34 PPC. After rejection of his bail by the learned trial Court vide order dated 20.22.2017, the applicant approached this Court.

2.Applicant is present in person and states that he is innocent and has falsely been implicated in the case in hand at the instance of complainant party of Crime No.62/2016 registered at P.S Pinyari u/s 302 PPC; that none has received any injury in this case; that he is chronic patient of Hepatitis `C` since 2016; that this is a case of in- effective firing and he requests for confirmation of his bail.

3.On the other hand, learned A.P.G raised his no objection for confirmation of bail of the applicant on the ground that this is a case of in-effective firing.

4.Heard applicant in person, complainant SIP Muhammad Khan Panhwar, learned A.P.G and perused the material available on record.

5.From the perusal of FIR, it appears that this is a case of in- effective firing. None from either side had received any injury nor the police has arrested any of the nominated accused from the place of

incident which in my humble view requires further enquiry. Case has been challaned. Applicant is attending the trial Court regularly.

6.In view of above, the case of present applicant calls for further enquiry in terms of Section 497(2) Cr.P.C. Accordingly, I allow this bail application and the interim pre-arrest bail already granted to the applicant vide order dated 20.12.2017 is hereby confirmed on same terms and conditions.

JUDGE

Tufail/PA