1. ' HABIB-UR-REHMAN SHAIKH, J.---Applicant Hassan Ali in Criminal Bail Application No.S-55 of 2012 has moved the pre-arrest bail application, whereas applicant Wazir Ali has moved post-arrest bail application bearing Criminal Bail Application No.S-85 of 2012, after rejection of their earlier pre- arrest application as well as post-arrest bail application, respectively, by learned Ist Additional Sessions Judge, Hyderabad on 20-1-2012.
2. ' According to the F.I.R. Bearing Crime No.180 of 2011, registered at Police Station Hala, the incident has taken place on 27-11-2011 at about 8-30 a.m. And the F.I.R. Has been registered on 14-12-2011 by complainant Lakhmir. At 2200 hours, alleging therein that complainant party and the accused were on inimical terms over some matrimonial dispute. On the day of incident, complainant along with his brother Abdul Jabbar and others were cutting cotton crop in the field when at about 8-30 a.m., the present applicant along with co-accused armed with pistol and hatchets came there. It is alleged that present applicant Hassan Ali inflicted sharp side hatchet blow to Abdul Jabbar and accused Wazir inflicted sharp side hatchet to Sodho which hit him on left hand. Other accused also caused injuries to Mehboob Ali, Sardar Ali and Sodho and accused Iqbal Leghari made aerial firing.
3. Thereafter accused ran away and injured were brought to the hospital and such F.I.R. Was registered.
4. ' I have heard learned counsel for the applicants, learned. DDPP for the State and perused files in hand.
5. ' Learned counsel for the applicants contended that actually there is a counter case registered against the complainant of the instant F.I.R. And the applicant Hassan Ali is the complainant of F.I.R.
6. Bearing No.175 of 2011, registered at Police Station Hala on 28-11-2011 at about 1400 hours, under sections 302/337-H(2), P.P.C., in which two brothers as well as one relative of present applicant Hassan Ali lost their lives, which fact is also admitted in the present F.I.R. And at the time of trial it would be decided that as to who is the aggressor, but the first F.I.R. Has been lodged by applicant Hassan Ali with specific allegation and the present F.I.R. Is a counter-blast of F.I.R. No.175 of 2011 and registered with a delay of about 17 days, which was not plausibly explained. The allegation against the applicant Hassan Ali levelled by complainant in the present F.I.R. Is only that Hassan Ali is pressurising him to withdraw from the murder case and the allegation levelled against applicant Wazir Ali is that he caused hatchet injury to injured Sodho on his little finger, which does not fall within the prohibitory clause, therefore, applicant Hassan Ali is entitled for confirmation of his interim pre-arrest bail, earlier granted to him and applicant Wazir Ali is entitled for grant of post- arrest bail. In support of his contention, learned counsel for the applicants relied upon MUHAMMAD ESSA v. THE STATE (2012 SCM R 646), HAMZA ALI HAMZA and others v. THE STATE (2010 SCM R 1219), MUHAMMAD SHAHZAD SIDDIQUE v. THE STATE and another (PLD 2009 Supreme Court 58), IZHAR and another v. THE STATE (2012 YLR 497), and NOOR AHMED alias TEETA v. THE STATE (2011 YLR 1935).
7. ' On the other hand, learned DDPP has not opposed the bail applications on the ground that there is counter-version and admittedly the delay of about 17 days in lodging of F.I.R. Was not explained by the complainant properly and the present applicant Hassan Ali is the complainant in F.I.R. No.175 of 2011, which was earlier registered by him regarding the incident, in which his two brothers and one relative have lost their lives.
8. ' After hearing the arguments of both parties, in my opinion, the F.I.R. Has been lodged with a delay of about 17 days, which was not plausibly explained by the complainant party and the F.I.R. No.175 of 2011 which was lodged by applicant Hassan Ali against the present complainant party, in which two real brothers and one relative of the present applicant have lost their lives. The complainant himself admitted in the F.I.R. That applicant Hassan Ali has lodged the F.I.R. Against the complainant party then he appeared at police station and lodged the F.I.R., but he did not bother to lodge the F.I.R. On very day of the A occurrence and has also not disclosed about the murder of three persons, even though he has knowledge, which shows that he has lodged the instant F.I.R. With mala fide intention and ulterior motive in order to involve the applicant Hassan Ali, who is complainant of F.I.R. No.175 of 2011. In the case of Muhammad Essa (Supra), where High Court dismissed pre-arrest bail application of accused with the reasoning that there was no malice on party of the complainant to rope the accused. The F.I.R. Was lodged eight days after the alleged injuries caused to the prosecution witness and such delay had not been explained. Further said witness did not appear before the Medical Board, which was constituted. Alleged offence did not fall within the prohibitory clause of section 497, Cr.P.C., therefore, possibility of accused having been roped along with the other accused as a result of malice existed. Honourable Supreme Court converted the petition into appeal and admitted the accused to pre-arrest bail, in circumstances.
9. ' In view of the facts and circumstances of the case and the case-law relied upon by learned counsel for the applicants, the case of the applicant Hassan Ali is fit for confirmation of interim pre- arrest bail earlier granted to him, whereas, the applicant Wazir Ali is also entitled to be enlarged on post-arrest bail. Therefore, the interim pre-arrest bail earlier granted to applicant Hassan Ali is confirmed on same terms and conditions and the applicant Wazir Ali is allowed to be released on bail subject to his furnishing solvent surety in the sum of Rs.100,000 (One Lac) with P.R. Bond in the like amount to the satisfaction of the trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.