ORDER SHEET
IN THE HIGH COURT OF SINDH,
BENCH AT SUKKUR
Cr. Bail. Appln.
No. S – 46 of 2019
Date Order
with Signature of Hon’ble Judge
For hearing
of bail application
29.03.2019
Mr. Manzoor
Ali Chohan Advocate a/w Applicants
Mr.
Shafi Muhammad Mahar,
Deputy Prosecutor General
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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 by committing trespass into
the house of complainant Muhammad Moosa caused him lathi blows and then went away by making aerial firing to
create harassment with the threat to pay the ransom money otherwise he would be
killed, for that the present case was registered.
2. The
applicants on having been refused pre-arrest bail by learned Additional
Sessions Judge, Pano Akil
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 by the complainant in order to satisfy their enmity with them over
the landed property; there is delay of about ten days in lodgment of the FIR
and co-accused Gulsher, Ghulam
Qadir, Muhammad Usman and Amanullah have already been admitted to pre-arrest bail by
learned trial Court.
4. Learned DPG for the State
and complainant Muhammad Moosa in person have
recorded no objection to grant of bail to the applicants. By stating so, an
affidavit of the complainant to that effect was also brought on record of the
Court.
5. I have considered the above
arguments and perused the record.
6. There is delay of ten days
in lodgment of the FIR same could not be lost sight of; parties are already
disputed over landed property, co-accused Gulsher, Ghulam Qadir, Muhammad Usman and Amanullah have already
been admitted to pre-arrest bail by learned trial Court. Learned DPG for the
State and complainant Muhammad Moosa in person have
recorded no objection to grant of bail to applicants. In these circumstances,
the applicants are found to be entitled to grant of pre-arrest bail on point of
malafide.
7. In case of Muhammad Najeeb vs. State
(2009 SCMR-448), it has been held by Honourable Supreme Court of Pakistan that;
“complainant initially had nominated the accused in the FIR
but later-on through an affidavit he has expressed his satisfaction with regard
to innocence of the accused, the case of the accused was of further enquiry”.
8. In view of above, 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