ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Bail. Appln. No.S- 429 of 2018

 

For hearing of bail application

1.     For orders on office objection at flag ‘A’

2.     For hearing of main case

(Notice issued)

14.01.2019

            Mr. Shamsuddin N.Kobhar Advocate for the Applicants

Mr. Asif Ali Shaikh Advocate for the complainant

            Syed Sardar Ali Shah Rizvi, DPG for the State

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Irshad Ali Shah, J;- It is alleged that the applicants with rest of the culprits after keeping complainant Karamullah under fear of death robbed him of his belonging by causing him hatchet, lathies and butt blows and then went away by making aerial firing to create harassment for that the present case was registered.

2.        The applicants on having been refused pre-arrest bail by learned 3rd Additional Sessions Judge Sukkur, have sought for the same from this Court by way of instant bail application under Section 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 and malafidely by the complainant party, there is delay of one day in lodgment of the FIR, the identity of the applicants on the torch light is a weak piece of evidence, no specific injury to the complainant is attributed to the applicants. 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.        Learned DPG for the State and learned counsel for the complainant have opposed to grant of pre-arrest bail to the applicants by contending that they have actively participated in commission of incident.

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

6.        Admittedly there is delay of one day in lodgment of the FIR; such delay being unplausible could not be lost sight of. The identity of the applicants under the light of torch is appearing to be a weak piece of evidence. No specific injury to the complainant is attributed to any of the applicants. In these circumstances, it is rightly being contended by learned counsel for the applicants that they are apprehending unjustified arrest at the hands of the police at the instance of complainant party.

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

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

 

Judge

 

 

ARBROHI