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Official Citation: 2024 SHC 161
Court / Jurisdiction: Sindh High Court
Petitioner: Cr.Bail 161/2024 (S.B.) Sindh High Court, Bench at Sukkur - Abdul Khalique Gabol & Another (Applicant)
Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2024 SHC 161. In this matter between Cr.Bail 161/2024 (S.B.) Sindh High Court, Bench at Sukkur - Abdul Khalique Gabol & Another (Applicant) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
COURT: Sindh High Court CASE NO: Cr.Bail 161/2024 (S.B.) Sindh High Court, Bench at Sukkur CITATION: 2024 SHC SUK 194 PARTIES: Abdul Khalique Gabol & Another (Applicant) ORDER DATE: 27-MAY-24 BENCH: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) A.F.R: Yes ------------------------------------------------------------ 1
ORDER SHEET IN THE HIGH COURT OF SINDH BENCH AT SUKKUR Crl. Bail Application No. S-161 of 2024 (Abdul Khalique & another Vs. The State)
Crl. Bail Application No.S-264 of 2024. (Khalid Hussain & others Vs. The State).
DATE OF HEARING ORDER WITH SIGNATURE OF JUDGE
1. For Orders on office objection. 2. For hearing of bail application.
Date of hearing and order: 27-05-2024.
Mr. Achar Khan Gabole advocate for the applicant in Crl . Bail Application No.S-161 of 2024 and for complainant in Crl. Bail Application No.S-264 of 2024.
Mr. Ghulam Qadir Rind Baloch advocate for applicant in Crl. Bail Application No.S -264 of 2024 and for complainant in Crl. Bail Application No.S-161 of 2024.
Mr. Shafi Muhammad Mahar, Deputy P.G for the State. ******** O R D E R. Adnan-ul-Karim Memon J: -Both the pre -arrest bail applications are taken up together as both the parties lodged FIR No. 36 of 2024 and 54 of 2024 with Halani Police Station in injury cases. After arguing the matter as some length both the learned counsel appearing for their respective parties consented for disposal of the aforesaid bail applications in terms of order dated 19 -03-2024 passed in Crl. Bail Appli cation No.151/2024 and order dated 03 -05- 2024 passed in Crl. Bail Application No.264 of 2024 in the same terms. Learned Additional P.G has waived the notice of both the Bail Applications and submit that both the parties are indulged in counter cases, as such Judicial Propriety demands that trial Court may be directed to conclude the trial within two months as no
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fruitful result will come out to send the applicants in both the cases behind the bars. I have heard the learned counsel for the parties and pe rused the material available on record. Apparently both the FIRs No. 36 of 2024 and 54 of 2024 pertain to same incident and have been lodged on behalf of the two parties involved therein. The members of both the sides have obtained interim pre -arrest bai l in the subject crimes and the same are fixed for confirmation or otherwise. Prima-facie it is difficult to ascertain at the bail stage as to who is aggressor and aggressed upon, which seems to be a case two versions and two FIRs. In above back drop both learned counsel state at the bar that they have no objection if the interim bail granted earlier to the applicants in both the cases be confirmed on the same terms and conditions. If this is the position of the case, coupled with th e consent of the parties, both the bail applications are accepted. The interim orders dated 19 -03-2024 and 03-05-2024 in both the cases are hereby confirmed on same terms and conditions. The trial Court is directed to conclude the trial within two months p ositively and if the charge is not framed, the same shall be framed on the date so fixed by the Court. Needless to say, that the observation recorded hereinabove is tentative which shall not prejudice the case of either party at the trial. Both the bail applications are disposed of in the above terms.
Judge
Nasim/P.A
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