ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail A. No. S-508 of 2014

Date	Order with signature of Judge

For hearing of MA 5603/14

For hearing of bail application  

27.04.2018

M/s Abdul Baqi Jan Kakar and Wazir Ali Ghoto Advocates for applicants

Mr. Badaruddin Memon Advocate for complainant

Mr. Sardar Ali Shah Rizvi DPG

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Irshad Ali Shah J.     It is alleged that present applicants along with rest of the culprits after having formed an unlawful assembly in furtherance of their common object by committed house tress pass into the house of complainant, abducted her and her mother Mst. Moomal and then kept them confined illegally, for that they were booked in this case. The present applicants were refused pre-arrest bail by the learned trial court, they now have sought for the same from this Court by way of instant application u/s 498-A Cr.PC.

                      It is contended by learned counsel for the applicants that they being innocent have been involved in this case falsely by the complainant; that there is delay of two days in lodging of the FIR; that the parties are closely related to each other and there is dispute between them over landed property. By contending so, they sought for pre-arrest bail to them.

                      Learned counsel for the complainant has opposed the grant of bail to the applicants by contending that they actively participated in the commission of the offence.

                      Learned DPG raised no objection to grant of pre-arrest bail to the applicants and states that the very case is at the verge of final disposal.

                      I have considered the above arguments and perused the record.

                      There is two days delay in lodging of the FIR, which cannot be lost sight of. Parties are closely relating to each other. There arose dispute between the parties over landed property after the death of father of the complainant. Case as per progress report furnished by learned trial court is at the verge of final disposal. Present applicants have not committed any misuse of concession of pre-arrest bail. In that situation, case of pre-arrest bail has been made out by the applicants.

                      Consequently interim pre-arrest bail granted earlier to applicants is hereby confirmed on same terms and conditions.

                      The instant Cr. Bail Application is disposed of in the above terms.

                                                                                      JUDGE

Rafi