ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.S-163 of 2020

DATE                          ORDER WITH SIGNATURE OF JUDGE

For hearing of bail application.

02.04.2020.

Mr. Muhammad Afzal Jagirani, advocate for applicant.

                        Mr. Aitbar Ali Bullo, D.P.G for the State.

                                                 -.-.-.-.-.-.-.-.-.-

Irshad Ali Shah J;- It is alleged that the applicant was found manufacturing “Katcha” wine and then made his escape good from the place of incident, for that the present case was registered.

2.       The applicant on having been refused pre-arrest bail by learned 2^nd Additional Sessions Judge, Jacobabad, has sought for the same from this Court by way of instant application u/s 498 Cr.P.C.

3.       It is contended by learned counsel for the applicant that he being innocent has been involved in this case falsely by the police otherwise he has nothing to do with the alleged incident; the case has finally been challaned and the offence is not falling within the prohibitory clause of section 497 Cr.PC. By contending so, he sought for pre-arrest bail for the applicant on point of malafide.

4.       Learned D.P.G. for the State has opposed to grant of pre arrest bail to the applicant by contending that the alleged offence is affecting the society at large.

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

6.       There is no independent witness to the incident. The alleged offence is not falling within the prohibitory clause of Section 497 Cr.PC. The alleged recovery has been subjected to chemical examination with considerable delay. The investigation of the case is over and there is no chance of tampering with the evidence on part of applicant, as all the witnesses are police officials. In these circumstances, the applicant is found entitled to grant of pre-arrest bail on point of malafide.

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

8.       The instant bail application is disposed of in above terms.

J U D G E