IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-490 of 2018

 

 

Applicant               :                Waqas Ali @ Wiki s/o Sikandar Ali Magsi

Through Mr.Ahsan Ahmed Qureshi, Advocate

 

State                    :                  Through Mr. Raja Imtiaz Ali Solangi, A.P.G.

                                                Complainant Jahanzeb in person.

 

Date of hearing   :                  12.10.2018          

Date of order      :                  12.10.2018                   

 

O R D E R

 

IRSHAD ALI SHAH, J.- It is alleged that the applicant killed his wife Mst.Amber by way of strangulating her throat, for that the present case was registered. The applicant by way of filing an application      u/s. 498-A Cr.PC sought for pre-arrest bail. It was declined to him by learned 2nd Additional Sessions Judge, Qamber. The applicant now has sought for the same from this Court by way of instant application/s.498-A Cr.PC.

2.                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 eight hours in lodging of the FIR, more-so complainant Jahanzeb, PW Ghulam Shabir and Mst.Fozia and Naveed Ahmed the mother and brother of the deceased by filing their affidavits have recorded no objection to grant of bail to the applicant. By contending so, he sought for release of the applicant on bail, as according to him he is apprehending his unjustified arrest at the hands of police.   

3.                Complainant has recorded no objection to grant of bail to the applicant while learned A.P.G has opposed to grant of bail to the applicant by contending that he has remained in absconsion.

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

5.                There is delay of about eight hours in lodgment of the FIR; the same could not be lost sight of. The complainant, PW and legal heirs of the deceased as are named above, by filing their affidavits have recorded no objection to grant of bail to the applicant by stating therein that the offence was committed by unknown criminals. If it is believed to be so, then it makes the case of the present applicant/accused to be of further enquiry. In that situation, it is rightly contended by learned counsel for the applicant that the applicant is entitled to grant of pre-arrest bail, as he is apprehending his unjustified arrest at the hands of police. The grant of bail once made out on merits, could not be withheld as punishment on account of absconsion.

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

7.                The instant application is disposed of accordingly.

  

                                                                                               J U D G E

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