IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-502 of 2018

Applicants            :                 1). Muhammad Nawaz s/o Rahib Khan

                                                2). Saddam Hussain s/o Ahmed Sargani

3). Bakhat Ali s/o Muhammad Luqman Jiskani

Through Mr.Naushad Ali Taggar, Advocate

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

Date of hearing   :                  31.10.2018

Date of order      :                  31.10.2018

O R D E R

IRSHAD ALI SHAH, J.- It is alleged that the applicants with rest of their culprits, after having formed an unlawful assembly and in prosecution of their common object, caused lathi, iron rod and hatchet blows to complainant Qaimuddin and PW Ghulam Nabi and then went away by making aerial firing to create harassment, for that the present case was registered.

2.                On having been refused pre-arrest bail by learned 6^th Additional Sessions Judge, Larkana, the applicants have sought for the same from this Court by way of instant application u/s 498-A Cr.PC.

3.                It is contended by learned counsel for the applicants that the applicants being innocent have been involved in this case falsely by the complainant party only to settle their dispute with them over the landed property, there is delay of two days in lodgment of the FIR, no injury to the complainant or injured is attributed to the applicants specifically and the offence is not falling within the prohibitory clause. By contending so, he sought for pre-arrest bail for the applicants, as according to him they are apprehending their unjustified arrest at the hands of police.

4.                Learned A.P.G has opposed to grant of bail to the applicants by contending that they have actively participated in commission of the incident.

5.                I have considered the above arguments and perused the record.

6.                Admittedly, there is delay of two days in lodgment of the FIR. No injury to the complainant or injured has been attributed to the applicants specifically. The parties are already disputed over the landed property. The investigation of the case is over. The applicants have joined the trial. In that situation, it is rightly being contended by learned counsel for the applicants that they are entitled to grant of pre-arrest bail, as they are apprehending their unjustified arrest at the hands of police.

7.                In view of above, the interim pre-arrest bail already granted to the applicants is confirmed on same terms and conditions.

8.                The instant application is disposed of accordingly.

                                                                            J U D G E

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