ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Bail. Appln. No.S- 704 of 2018

For hearing of bail application

14.01.2019

Mrs. Amber Iqbal Advocate for the Applicant

Mr. Saifullah Soomro Advocate for the complainant

Syed Sardar Ali Shah Rizvi, DPG for the State

>>>>>>>…<<<<<<<<

Irshad Ali Shah, J;- It is alleged that the applicants with rest of the culprit in furtherance of their common intention caused knife blows to PWs Wazir Ali and Abdul Razaq on their abdomens with intention to commit their murder and then went away insulting complainant Sirajuddin for that the present case was registered.

2. The applicants on having been refused pre-arrest bail by learned Additional Sessions Judge (Hudood) Sukkur, have sought for the same from this Court by way of instant bail application u/s 498-A Cr.P.C.

3. It is contended by learned counsel for the applicants that applicants being innocent have been involved in this case falsely by the complainant party, there is delay of about 03 days in lodgment of the FIR, and they on further investigation have been found to be innocent. By contending so, he sought for pre-arrest bail for the applicants as they according to him are apprehending unjustified arrest at the hands of the police which is motivated by the complainant party.

4. It is contended by learned counsel for the complainant that the applicants are neither innocent nor are involved in this case falsely by the complainant party, they have actively participated in the commission of the incident, as such they are not entitled to grant of pre-arrest bail. By contending so, he sought for dismissal of instant bail application.

5. Learned DPG for the State opposed to grant of pre-arrest bail to applicant Faheem alias Sunny while conceded to grant of pre-arrest bail to applicant Aftab Hussain by contending that the role attributed to him in commission of the incident is only to the extent of instigation.

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

7. So far the case of applicant Aftab Hussain is concerned, the role attributed to him in commission of incident is only to the extent of instigation, as such his participation in commission of incident is calling for determination at trial. In such situation, the interim pre-arrest bail already granted to him is confirmed on same terms and conditions.

8. So far the case of applicant Faheem alias Sunny is concerned, the role attributed to him in the commission of incident is to the extent that he caused knife blows to PW Wazir Ali at his abdomen with intention to commit his murder. The allegation leveled against him is supported by ancillary evidence. In that situation, it would be premature to say that he being innocent has been involved in this case falsely by the complainant party. It is true that there is delay of 03 days in lodgment of FIR but there could be made no denial to the fact that it is explained in FIR itself. The delay in lodgment of FIR even otherwise could not be resolved by this Court at this stage. The opinion of the police on further investigation has got no binding effect on the Court. No malafide is apparent of record which may justify admitting applicant Faheem alias Sunny to pre-arrest bail. In these circumstances, applicant Faheem alias Sunny is not found entitled to grant of pre-arrest bail. The order whereby applicant Faheem alias Sunny was admitted to interim pre-arrest bail is recalled and vacated.

9. Instant Cr. Bail Application is disposed of in above terms.

Judge

ARBROHI