ORDER SHEET
IN THE HIGH COURT OF SINDH,
BENCH AT SUKKUR
Cr. Bail. Appln. No. S – 56 of 2018
Date Order
with Signature of Hon’ble Judge
For hearing
of bail application
1.
For orders on office objection at flag ‘A’
2.
For hearing of bail application
25.3.2019
Mr. Noor
Ahmed Chadhar Advocate for the Applicants
Mr.
Iftikhar Ali Arain Advocate
for the complainant
Syed Sardar Ali Shah, DPG for
the State
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Irshad Ali Shah, J; It is alleged that the present applicants robbed
complainant Mst. Sadori of
her 50 Goats for that they were booked in the present case.
2. The
applicants on having been refused pre-arrest bail by learned Additional
Sessions Judge Ubauro, 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 in order to settle her matrimonial
dispute with them, there is delay of one day in lodgment of the FIR; the 161 Cr.P.C statements of the P.Ws have been recorded with
further delay of seven days to FIR. By contending so, he sought for pre-arrest
bail for the applicants on the point of malafide.
4. Learned DPG for the State
and learned counsel for the complainant have opposed for grant of pre-arrest
bail to the applicants by contending that they have committed heinous offences.
5. I have considered the above
arguments and perused the record.
6. There is delay of one day in
lodgment of the FIR same could not be lost sight of; the 161 Cr.P.C statements of the P.Ws have been recorded by police
with further delay of seven days to the FIR which appears to be strange; mashirnama of place of incident hardly support the case of
the complainant; the complainant has not been able to produce any document
which may prove her ownership over the robbed Goats; parties are already
disputed over matrimonial affairs. In these circumstances, the applicants are
found to be entitled to grant of pre-arrest bail on point of malafide.
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