ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Bail Application No. S – 519 of 2019

Date Order with Signature of Hon’ble Judge

For hearing of bail application

08-04-2019.

Mr. Noor Muhammad Soomro, advocate for the applicant.

Mr. Abdul Rehman Kolachi, D. P.G for the State

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Irshad Ali Shah, J;- It is alleged that the present applicant with rest of culprits after having formed unlawful assembly and in prosecution of common object have committed and Qatl-e-amd of Muhammad Sachal by causing him fire shot injuries and then went away by making aerial firing to create harassment for that the present case was registered.

2. On having been refused pre-arrest bail by learned 4^th Additional Sessions Judge Khairpur, the applicant has sought for the same from this Court by way of instant application u/s 498-A Cr.P.C.

3. It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police; there is delay of about 2 days in lodgment of FIR; co-accused Amir Bux has already been admitted to bail while co-accused Inayatullah has already be released by the police finding him to be innocent. By contending so, he sought for grant of pre-arrest bail for the applicant as he is apprehending unjustified arrest at the hands of police.

4. Learned DPG for the State has opposed to grant of bail to the applicant by contending that he is named in FIR with specific allegation of causing fire shot injuries to the deceased.

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

6. No relative of the deceased come forward to lodge report of the incident, which appears to be strange. The FIR of the incident has been lodged by ASI Muhammad Ameer on behalf of the State with delay of two days to the incident, such delay could not be over looked as it reflects consultation. The identity of the applicant is based under the light of police mobile, which appears to weak piece of evidence. Co-accused Inayatullah has already been let of by the police on investigation, which falsify the complainant in his FIR with regard to his availability at the place of incident. In these circumstances, it is rightly being contended by learned counsel for the applicant that applicant is entitled to grant of pre arrest bail as he is apprehending his unjustified arrest.

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

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

Judge

ARBROHI