IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-440 of 2018

Applicants               :              1). Allah Dino.

2). Jaffer Ali.

                                                3). Ghulam Nabi.

                                                4).Ali Anwar Khan.

                                                5). Ghulam Ali.

                                                6). Muhammad Ismail.

                                                7). Sabaz Ali.

Through Mr.Mohsin Ali Khan Pathan, Advocate

State                    :                  Through Mr.Yasir Arafat, A.P.G.

Date of hearing   :                  05.10.2018

Date of order      :                  05.10.2018

O R D E R

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 using criminal force, caused kicks, fists and lathi blows to complainant Khuda Bux and then went away by issuing him threats of murder, for that the present case was registered.

2.                On having been refused pre-arrest bail by learned 1^st Additional Sessions Judge, Kandhkot, the applicants have 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 applicants that they being innocent have been involved in this case falsely by the complainant, there is delay of about nine days in lodgment of the FIR, the offence is not falling within the prohibitory clause, the parties admittedly are inimical with each other, the medical certificate so issued in favour of the complainant has lost its legal validity as it is kept in abeyance by medical board. By contending so, he sought for pre-arrest bail for the applicants as according to him they are apprehending their unjustified arrest.

4.                Learned A.P.G has opposed to grant of bail to the applicants by contending that the case is fresh one.

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

6.                There is delay of about nine days in lodgment of the FIR, same could not be lost sight of. The incident as per FIR took place on 03.06.2018, at about 07.00 p.m, but the complainant as per medical certificate reported his arrival at R.H.C Bakhshapur, on 03.06.2018, at about 01.00 p.m, at least six hours prior to the time of alleged incident, which appears to be significant. The medical certificate so issued in favour of the complainant as per medical board has lost its legal validity for the reason that it has been kept in abeyance. The parties admittedly are inimical with each other. In that situation, it is rightly being contended by learned counsel for the applicants that the applicants are 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 applicants is confirmed on same terms and conditions.

8.                The instant application is disposed of accordingly.

                                                                                             JUDGE

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