ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Bail. Appln. No.S- 647 of 2016

For hearing of bail application

21.01.2019

Mr. Zulfiqar Ali Sangi Advocate for the Applicants

Mr. Ghulam Shabbir Dayo 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 culprit in prosecution of their common objection had committed Qatl-e-Amd of Sadam Hussain by causing him fists, kicks and lathi blows for that the present case was registered.

2. The applicants on having been refused pre-arrest bail by learned 1^st Additional Sessions Judge Ghotki, 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 to satisfy their old enmity with them, there is delay of one day in lodgment of the FIR, the cause of death of the deceased could not be ascertained by the medical officer and the applicants have not misused the concession of interim pre-arrest bail. 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 has recorded no objection to grant of pre-arrest bail to applicants Qurban Ali and Abdul Sattar while has opposed to grant of pre-arrest bail to applicant Muhammad Iqbal by contending that he has actively participated in commission of the incident.

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

7. In first instance, the incident was recorded by police under roznamcha entry No.9 dated 20.5.2016 at police station Khambra at the instance of complainant Nooruddin, it does not contain name of any of culprit, which appears to be strange. The FIR of the incident has been lodged with delay of one day; such delay could not be lost sight of as it is not explained plausibly. The parties admittedly are disputed since long. There is general allegation of the incident. The cause of death of deceased Sadam Hussain has remained unascertainable. Learned DPG for the State has recorded no objection to grant of pre-arrest bail to applicants Qurban Ali and Abdul Sattar. Applicant Muhammad Iqbal on investigation was found to be innocent by police. The applicants have not misused the concession of interim pre-arrest bail. In these circumstances, the applicants are found entitled to grant of pre-arrest bail on point of malafide.

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

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

Judge

ARBROHI