IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Criminal Bail Application No.S-508 of 2018
Applicant : Rajib Ali s/o Bagh Ali Machhi
Through Mr.Sohail Abbas Bhutto, Advocate
Complainant : Ghulam Sarwar Machhi through
Mr.Zahid Hussain Buriro, 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 committing trespass into house of complainant Ghulam Sarwar caused lathi and dagger blows to his wife Mst.Ghulam Fatima, for that the present case was registered.
2. On having been refused pre-arrest bail by learned Sessions Judge, Jacobabad, 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 Ghulam Sarwar, there is delay of about one day in lodgment of the FIR, the injuries sustained by injured Mst.Ghulam Fatima as per FIR are bailable in nature, Mst.Ghulam Fatima has not supported the case of prosecution during course of her examination u/s.161 Cr.PC by stating that she has sustained injuries on account of her fall from motorcycle, co-accused Javed Ali, Zahid Ali, Bagh Ali and Dhani Bux have already been admitted to bail. 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 the case is fresh one.
5. I have considered the above arguments and perused the record.
6. There is delay of one day in lodgment of the FIR, same could not be lost sight of. The injuries sustained by Mst.Ghulam Fatima as per FIR are bailable in nature. The offence is not falling within prohibitory clause. The parties are already disputed. Co-accused Javed Ali, Zahid Ali, Bagh Ali and Dhani Bux have already been admitted to bail by learned trial Court and more-so Mst.Ghulam Fatima, the alleged injured has not supported the case of prosecution by stating in her 161 Cr.PC statement that she has sustained the injuries on account of fall from the motorcycle. The very case on investigation has been recommended by the police to be cancelled under āCā class. 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
.