ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Cr.B.A.No.S-175 of 2020
DATE ORDER WITH SIGNATURE OF JUDGE
For hearing of bail application.
24.04.2020.
Mr. Irfan Badar Abbasi, Advocate for the applicants.
Complainant Ghulam Mustafa in person
Mr. Muhammad Noonari, D.P.G for the State.
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Irshad Ali Shah J;- It is alleged by the prosecution that the applicants with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object, caused lathi blows to complainant Ghulam Mustafa and PW Fazal Muhammad and then went away by issuing threats of murder to them, for that the present case was registered.
2. The applicants on having been refused pre-arrest bail by learned 2nd Additional Sessions Judge, Jacobabad, have prayed 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 in order to satisfy his dispute with them over the plot; the FIR has been lodged with unexplained delay of two days and the alleged offence is not falling within prohibitory clause of Section 497 Cr.PC. By contending so, he prayed for grant of pre-arrest bail to the applicants on point of further inquiry and malafide.
4. The complainant has opposed to grant of bail to the applicants while learned D.P.G. for the State has recorded no objection to grant of pre arrest bail to the applicants.
5. I have considered the above arguments and perused the record.
6. The FIR of the incident has been lodged with unplausible delay of about two days and such delay could not be overlooked; the offence alleged is not falling within prohibitory clause of Section 497 Cr.PC and the parties are disputed over the plot and such dispute is said to be reason for involvement of the applicants in this case. In these circumstances, the applicants are found entitled to grant of pre-arrest bail on point of malafide and further inquiry.
7. In case of Khalil Ahmed Soomro and others Vs. The State (PLD 2017 SC-730), the Hon’ble Apex Court has held that;
“----Ss. 498 & 497---Constitution of Pakistan, Art. 185(3)---Penal Code (XLV of 1860), Ss. 337-A(i), 337-F(i), 337-F(vi), 337-L(2) & 504---Shajjah-i-khafifah, ghayr-jaifah damiyah, ghayr-jaifah munaqqillah, other hurt, intentional insult with intent to provoke breach of peace---Pre-arrest bail, grant of---Mala fide of complainant---Offences with which accused persons were charged were punishable by way of imprisonment which did not fall within the prohibitory part of S. 497, Cr.P.C.---When the accused persons were entitled to post arrest bail, their prayer for pre-arrest bail, if declined, would be a matter of technicality alone---Accused persons were likely to be humiliated and disgraced due to their arrest at the hands of the local police---In the present case, it appeared that net had been thrown wider and the injuries sustained by the victims except one or two, had been exaggerated---Seemingly efforts had been made to show that the offences fell within such provisions of law, which were punishable with five years' or seven years' imprisonment---All said aspects, when considered combindly, constituted mala fides on part of complainant party---Accused persons were granted pre-arrest bail accordingly”.
8. In view of above, the interim pre-arrest bail already granted to applicants is confirmed on same terms and conditions.
9. The instant bail application is disposed of in above terms.
J U D G E