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