IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-333 of 2018

Applicant               :                Altaf Ali son of Arbab Ali Panhwar

Through Mr.Mumtaz Ali Panhwar, Advocate

State                    :                  Through Mr.Sharafuddin Kanhar, A.P.G.

Date of hearing   :                  10.09.2018

Date of order      :                  10.09.2018

O R D E R

IRSHAD ALI SHAH, J.- It is alleged that the applicant with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object, not only fired and injured complainant Muhammad Hassan with intention to commit his murder but robbed him of his licensed book and pistol 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 3^rd Additional Sessions Judge, Larkana, the applicant has sought for the same from this Court by way of instant application u/s.498 Cr.PC.

3.                It is contended by learned counsel for the applicant that there is delay of about one month in lodgment of the FIR, the injury is not on vital part of body of the complainant, the same on examination by medical board has been declared to have been manipulated, the parties are already disputed over landed property. By contending so, he sought for pre-arrest bail for the applicant.

4.                Learned A.P.G has opposed to grant of bail to the applicant by contending that he has actively participated in commission of the incident.

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

6.                Admittedly, there is delay of about one month in lodgment of the FIR, such delay could not be lost sight of, the injury sustained by the complainant on examination by medical board has been declared to have been manipulated, the same even otherwise is not on vital part of body of the complainant, the parties are already disputed over landed property. In these circumstances, it is rightly being contended by learned counsel for the applicant that he is entitled to grant of pre-arrest bail on point of malafide.

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

8.                The instant application is disposed of accordingly.

                                                                                             JUDGE

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