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1998 P Cr. L J 1360

ABDUL RAZAQUE and 4 others vs THE STATE

Citation1998 P Cr. L J 1360
CourtSindh High Court
Case No.Criminal Bail Application No,788 of 1997
Date1997-10-02
Judge(s)Ali Muhammad Baloch
ResultApplication dismissed

ORDER

1. ' This application for pre-arrest bail is filed in a case registered at Police Station "A" Section, Khairpur on 12-8-1997 by.One Ghulam Rasool Lashari. In short the facts of the case as narrated in the F.I.R.

2. Show that Ghulam Rasool who is Headmaster in Primary School had reprimanded the parents of his students Imtiaz and one Mukhtiar Punjabi, who were annoyed on such behaviour of the Headmaster. On the day of the lodging of the report when the complainant Headmaster was going to the school, at 7-30 a.m. Five persons, namely, Abdul Razak, Imtiaz Ali, Shahbaz Ali Gul, Muhammad and Mukhtiar, all armed with Lathis excepting Mukhtiar who had a brick-bat in his hand, came in front of him and started abusing him. Mukhtiar gave a brick-bat blow hitting the complainant on his head while the rest of the accused gave him Lathi blows. On raising of the cries by the complainant, witnesses and relations of the complainant were attracted on which the assailants caused Lathi blows to them also as a result of which Akbar and Akhtar were also injured.

3. Finally the assailants ran away. On filing of such report by the complainant, the police wanted to arrest the applicants as the offence under sections 337-A(ii), 147, 148 and 504, P.P.C. Was registered by the police which was non-bailable. The applicants, however, on 26-8-1997 surrendered themselves before the Sessions Judge, Khairpur and moved an application for pre-arrest bail. On the same date it appears from the order of the Sessions Judge that complainant Ghulam Rasool and injured witness Akbar had filed their affidavits on the basis of which learned Sessions Judge granted interim pre-arrest bail to the applicants. Subsequently on 18-9-1997 the applicants remained absent without intimation. Therefore, their bail application was dismissed. Again the applicants approached the Sessions Judge, Khairpur with an application for pre-arrest bail which was decided by the learned Sessions Judge on 24-9-1997 by detailed order on merits holding that the applicants were not entitled for the concession of the bail. Learned Sessions Judge had observed in his order that there was no previous enmity between the accused and the complainant and there was, therefore, no or mala fides on the part of the complainant. Besides, the evidence of injuries on three persons proved by the medical certificates was strong corroboration to the allegation of the complainant against all the applicants. After the dismissal of their application for pre-arrest bail on 24-9-1997 the applicants have approached this Court by filing their pre-arrest bail application today and at the request of the learned counsel the same is taken up for consideration today.

4. ' The learned counsel while arguing his case mainly relied on the ground that the three applicants were brothers and the fourth applicant was their father and, thus, roping in of maximum number of the members of the same family could not be ruled out. The other contention of the learned counsel was that 'one of the applicants was a student and that no specific role against each one was specified in the F.I.R.

5. After considering all the circumstances of the case I find that case for pre-arrest bail has not been made out as the applicants have been implicated by complainant in his F.I.R. And the medical certificates in respect of three injured persons support the version of the complainant given in the F.I.R. For sake of pre-arrest bail applications have to make out strong exceptional grounds. Besides, there are neither allegations of mala fide nor any proof thereof that the complainant or the police had falsely implicated the applicants to disrespect them for some ulterior motives. The complainant is Headmaster of a school, and therefore, a respectable citizen.

6. ' I find no exceptional reasons for granting pre-arrest bail to the applicants whose similar request has already been considered and rejected by the learned Sessions Judge, Khairpur. This application is dismissed.

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