IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Criminal Bail Application No.S-510 of 2018
Applicant : Liaquat Ali son of Kanbeer
Through Mr.Mazhar Ali Mangan, Advocate
State : Through Mr.Raja Imtiaz Ali Solangi, A.P.G.
Date of hearing : 19.11.2018
Date of order : 19.11.2018
O R D E R
IRSHAD ALI SHAH, J.- It is alleged by complainant Meer Muhammad that the applicant with rest of the culprits, in furtherance of their common intention, have caused lathi blows to PW Ali Muhammad, for that the present case was registered.
2. On having been refused pre-arrest bail by learned 2nd Additional Sessions Judge, Qamber, 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 the applicant being innocent has been involved in this case falsely by the complainant party to satisfy their grudge on account of cattle trespass, there is unexplained delay of about 50 days in lodgment of the FIR, PW Ali Muhammad on medical examination was found sustaining single injury, which belies the FIR. By contending so, he sought for pre-arrest bail for the applicant.
4. Learned A.P.G for the State recorded no objection for grant of bail to the applicant.
5. I have considered the above arguments and perused the record.
6. The FIR of the incident has been lodged by complainant with delay of about 50 days, such delay could not be lost sight of. As per medical certificate, PW Ali Muhammad was found sustaining single injury, it belies the FIR which speaks of more than one injury, which appears to be significant. The parties are already disputed over cattle trespass. 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