IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-466 of 2018

Applicant               :                Muhammad Arshad alias Lalan Shah

Through Mr.Akbar Ali Dahar, Advocate

Complainant       :                  Karam Ali Shah alias Munal Shah, through

                                                Mr. Ghulam Rasool Narejo, Advocate

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

Date of hearing   :                  26.10.2018

Date of order      :                  26.10.2018

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, by using criminal force, caused dagger blows to complainant Karam Ali, with intention to commit his murder, 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 he being innocent has been involved in this case falsely by complainant party only to satisfy their political dispute with him, there is delay of about eight hours in lodgment of the FIR, the role attributed to the applicant in commission of the incident is only to the extent of instigation and he on investigation has been found to be innocent by police itself. By contending so, he sought for pre-arrest bail for the applicant as according to him he is apprehending his unjustified arrest.

4.                Learned A.P.G and learned counsel for the complainant have opposed to grant of pre-arrest 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, the role attributed to the applicant in commission of the incident is only to the extent of instigation, he on investigation has been found to be innocent by police itself, the FIR has been lodged with delay of eight hours, there is political dispute between the parties, the participation of the applicant in commission of the incident in said circumstances obviously is calling for determination at trial. In these circumstances, it is rightly being contended by learned counsel for the applicant that the applicant 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