IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-514 of 2018

Applicant               :                Banho Khan s/o Gahi Khan Bangulani

Through Mr.Habibullah Ghouri, Advocate

Complainant        :                 Barkat Ali through Mr. Irfan Badar Abbasi,

Advocate

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

Date of hearing   :                  29.10.2018

Date of order      :                  29.10.2018

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 lathi and back side of hatchet injuries to complainant Barkat Ali, PWs Arz Muhammad and Liaquat Ali and then went away by issuing threats of murder to the complainant party, for that the present case was registered.

2.                On having been refused pre-arrest bail by learned 2^nd Additional 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 the complainant party on account of their dispute with him over passage, there is delay of about ten hours in lodgment of the FIR, co-accused Himath Ali, Haji Eidan, Abdul Khaliq and Talib Hussain 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 at the hands of police.

4.                Learned A.P.G for the State and learned counsel for the complainant have opposed to grant of 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, there is delay of about ten hours in lodgment of the FIR, such delay could not be lost sight of. Co-accused Himath Ali, Haji Eidan, Abdul Khaliq and Talib Hussain have already been admitted to bail. The parties are already disputed over issue of passage. The offence is not falling within prohibitory clause. The case has finally been challaned. In that situation, it is rightly being contended by learned counsel for the applicant that the applicant is entitled to grant of pre-arrest bail as he is apprehending unjustified arrest at the hands of police.

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

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