IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-515 of 2018

Applicant               :                Hussain Ali s/o Haji Khan Buriro

Through Mr.Waqar Ahmed Chandio, Advocate

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

                                                Complainant Habibullah in person

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, being armed with lathies and dandas, by committing trespass into house of complainant Habibullah, caused lathies and dandas blows to him and PWs Saeed Ahmed, Aslam Ali and Mumtaz and then went away by insulting the complainant party, 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 the complainant party, there is delay of about nine days in lodgment of the FIR, there is counter version of the incident, co-accused Qurban, Shahban and Abdul Nabi 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 who is assisted by the complainant has 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.                Admittedly, the FIR of the incident has been lodged with delay of nine days; such delay could not be lost sight of. The offence is not falling within prohibitory clause of Section 497 (2) Cr.PC. The parties are already disputed over plots. There is counter version of the incident, which party is aggressor and which party was aggressed upon, it requires determination at trial. Co-accused Qurban, Shahban and Abdul Nabi have already been admitted to bail. 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 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

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