ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.S-183 of 2020

DATE                          ORDER WITH SIGNATURE OF JUDGE

For hearing of bail application.

17.04.2020.

Mr. Ameer Bux Chachar, Advocate for applicants.

                        Mr. Muhammad Noonari, D.P.G for the State.

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

Irshad Ali Shah J;- It is alleged that the applicants with rest of the culprits allegedly by committing trespass into the house of complainant Aftab Ahmed during course of robbery, caused him and her mother Mst.Ghulam Fatima hatchet and lathi blows, for that the present case was registered.

2.                 The applicants on having been refused pre-arrest bail by learned 4^th Additional Sessions Judge, Dadu, have 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 applicants that the applicants being innocent have been involved in this case falsely by the complainant party in order to satisfy the previous enmity with them; the FIR is blind one and the applicants have been refused pre-arrest bail by learned trial Court without lawful justification. By contending so, he sought for pre-arrest bail for the applicants on point of malafide.

4.                 Learned D.P.G. for the State has opposed to grant of pre arrest bail to the applicants by contending that the offence which they have allegedly committed is affecting the society at large.

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

6.                 The names and descriptions of the applicants are not appearing in the FIR; they have been involved in the commission of the incident on the further statement of the complainant, which has been recorded with delay of about two days even to FIR; the further statement could hardly be treated as part of FIR; 161 Cr.PC statements of the PWs Ayaz Ali and Mst.Ghulam Fatima have also been recorded with unexplained delay of about two days, such delay could not be overlooked; there is no mashirnama or medical certificate in respect of injuries allegedly sustained by PW/Mst.Ghulam Fatima, which appears to be significant and the case has finally been challaned. In these circumstances, the applicants are 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 applicants is confirmed on same terms and conditions.

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

J U D G E