PLJ 2024 Cr.C. (Note) 209
[Sindh High Court, Karachi, Sakkur Bench]
Present: Zafar Ahmed Rajput, J.
MUHAMMAD YASEEN--Applicant
versus
STATE--Respondent
Crl. B. Appln. No. 650 of 2022, decided on 17.2.2023.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497(2)--Pakistan Penal Code, (XLV of 1860), Ss. 395, 114, 337-A(i), 337-F(i), 506(2), 147 & 148 & 149--Post arrest bail, grant of--Further inquiry--Formation of unlawful assembly--The applicant was arrested by police on 23.11.2022 and since then he is confined in judicial custody--Police has already submitted report under Section 173, Cr. P.C.; hence, his custody is no more required by police for further investigation--The applicant is real brother of complainant and admittedly they have inimical terms on matrimonial affairs--Earlier to instant FIR, complainant had lodged an FIR against applicant and his son being Crime No. 424/ 2022 under Section 506 (2), P.P.C. No IMEI number of alleged robbed mobile phone has been mentioned in FIR to ascertain if complainant was in possession of such mobile phone--Moreover allegation against present applicant is only to effect that he caused butt blow on forehead of complainant and such injury i.e. Shajjah-i-Khafifah, being punishable under Section 337-A (i), P.P.C. for imprisonment of two years, does not fall within prohibitory clause of Section 497, Cr.P.C--The guilt of applicant under Section 395, P.P.C. will have to be determined at trial. [Para 3] A
Mr. Ali Murad Malano, Advocate for Applicant.
Mr. Khalil Ahmed Maitlo, Deputy. P.G., Sindh for Respondent.
Mr. Ali Asghar Panhyar, advocate for Complainant.
Date of hearing: 17.2.2023.
Order
Applicant/accused on being abortive in getting post-arrest bail, vide order dated 30.11.2022, passed by the learned Additional Sessions Judge-II, Ghotki in Cr. Bail Application No. 1868 of 2022, through instant application seeks the same relief from this Court in Crime/FIR No. 426 of 2022, registered at P.S. A-Section, Ghotki under Sections 395, 114, 337-A(i), 337-F(i), 506(2), 147, 148, & 149, P.P.C.
2. It is alleged that on 09.11.2022 at 2015 hours at near Darga Hussain Shah Rahmoonwali Road, Ghotki, accused persons (1) Muhammad Yaseen (present applicant) (2) Mehtab Ali (3) Zohaib Ali, both sons of co-accused Muhammad Yaseen, and two unknown accused having formed an unlawful assembly and in prosecution of their common object, accused Muhammad Yaseen caused butt blow of pistol on right side of the complainant’s forehead, while co-accused Mehtab Ali and Zohaib Ali inflicted lathies blows on the back side and left shoulder of the complainant and robbed Rs. 36,000/-and mobile phone from him. For that the complainant after obtaining an order from the Court of Addl. Sessions Judge/Ex. Officio Justice of Peace, Ghotki lodged the FIR on 23.11.2022.
3. After hearing learned counsel for the parties and perusing the material available on record, it appears that the applicant was arrested by the police on 23.11.2022 and since then he is confined in judicial custody. Police has already submitted report under Section 173, Cr. P.C.; hence, his custody is no more required by the police for further investigation. The applicant is the real brother of the complainant and admittedly they have inimical terms on matrimonial affairs. Earlier to instant FIR, the complainant had lodged an FIR against the applicant and his son being Crime No. 424/ 2022 under Section 506 (2), P.P.C. No IMEI number of the alleged robbed mobile phone has been mentioned in the FIR to ascertain if the complainant was in possession of such mobile phone. Moreover the allegation against the present applicant is only to the effect that he caused butt blow on the forehead of the complainant and such injury i.e. Shajjah-i-Khafifah, being punishable under Section 337-A (i), P.P.C. for imprisonment of two years, does not fall within the prohibitory clause of Section 497, Cr.P.C. The guilt of the applicant under Section 395, P.P.C. will have to be determined at the trial.
4. Keeping in view the circumstances discussed above, it is a case of further inquiry as contemplated under sub-section (2) of Section 497, Cr. P.C. Accordingly, I admit the applicant to bail in aforesaid crime/offence subject to furnishing by him solvent surety in the sum of Rs. 1,00,000/-(Rupees One Lac only) and PR bond in the like amount to the satisfaction of the trial Court.
5. Needless to mention here that if the applicant in any manner tries to misuse the concession of bail, it would be open for the trial Court to cancel his bail after issuing him the requisite notice.
6. Above are the reasons of my short order, dated 17.02.2023.
(A.A.K.) Bail allowed
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