IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-581 of 2018

Applicants             :                Shadi Khan and others through

Mr. Mujahid Ali Jatoi, Advocate

State                    :                  Through Mr.Sharafuddin Kanhar, A.P.G.

                                                Complainant Mahi Khan in person  

Date of hearing   :                  10.12.2018

Date of order      :                  10.12.2018

O R D E R

IRSHAD ALI SHAH, J.- It is alleged that the applicants with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, caused hatchet, lathi blows and iron rod blows to complainant Mahi Khan and PWs Adnan and Gufran and then went away by insulting them, for that the present case was registered.

2.                On having been refused pre-arrest bail by learned 2^nd Additional Sessions Judge, Larkana, the applicants have sought for the same from this Court by way of instant application u/s.498 Cr.PC.

3.                It is contended by learned counsel for the applicants that the applicants being innocent have been involved in this case falsely by the police and there is delay of about 15 days in lodgment of the FIR. By contending so, he sought for pre-arrest bail for the applicants, as according to him they are apprehending unjustified arrest at the hands of police.

4.                Learned A.P.G for the State recoded no objection to grant of bail to the applicants by contending that the parties have settled their dispute outside the Court. By stating so, he caused furnishing of affidavit of the complainant.

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

6.                There is delay of about 15 days in lodgment of the FIR, such delay could not be lost sight of. The parties are already disputed over the landed property. The offence is appearing to be compounded one. Complainant Mahi Khan has recorded no objection for grant of bail to the applicants by filing his affidavit. In that situation, it is rightly being contended by learned counsel for the applicants that the applicants are entitled to grant of pre-arrest bail on point of malafide.

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

8.                The instant application is disposed of accordingly.

                                                                                          JUDGE