IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-235 of 2018

Applicant:                                         Imdad Ali son of Haji Soomar Jaffery,

                                                            Through Mr.Riaz Hussain Mastoi, Advocate

Complainant:                                   Muhammad Khan Jaffery, Through

                                                            Mr.Amanullah Luhur, Advocate

The State:                                         Through Mr. Raja Imtiaz Ali Solangi                                                                 A.P.G.  

Date of hearing:                             23.07.2018             

Date of order:                                 23.07.2018

O R D E R

IRSHAD ALI SHAH, J.- It is alleged that the present applicant with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object caused lathi blows to complainant Muhammad Khan and PWs Ahmed, Ghulam Ali, Lal Muhammad and Bashir Ahmed, for that the present case was registered against them.

2.                    On having been refused pre-arrest bail by learned trial Court, the applicant has sought for the same from this Court by way of instant application under section 498 Cr.PC.

3.                    It is contended by learned counsel for the applicant that he being innocent has been involved in this case falsely by the complainant party, there is delay of about 11 days in lodging of the FIR, he has not been attributed any specific injury either to the complainant or to his witness to the applicant. By contending so, he sought for pre-arrest bail for the applicant as according to him, he is apprehending unjustified arrest at the hands of police.

4.                    Learned A.P.G and learned counsel for the complainant have opposed to grant of bail to the applicant by contending that he has actively participated in commission of the incident.

5.                    I have considered the above arguments and perused the record.

6.                    The FIR has been lodged with delay of about 11 days; such delay could not be lost sight of, the parties are already disputed over water-course, no specific injury either to the complainant or to his witness is attributed to the applicant. In these circumstances, it is rightly being contended by learned counsel for the applicant that he is found entitled to be admitted to pre-arrest bail, as he is apprehending his unjustified arrest at the hands of police.

7.                   In view of above, the interim pre-arrest bail already granted to the applicant is confirmed on same terms and conditions.  

8.                    The instant application is disposed of accordingly.

                             J U D G E