ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Cr.B.A.No.S-197 of 2020
DATE ORDER WITH SIGNATURE OF JUDGE
For hearing of bail application.
23.04.2020.
Mr. Abdul Rehman A. Bhutto, Advocate for applicants.
Complainant Irshad Ali Buriro 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 PW Zulfiqar Ali and then went away by insulting Irshad Ali, 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 party in order to satisfy their old dispute with them; the offence is not falling within prohibitory clause of Section 497 Cr.PC; co-accused Abdul Sallam alias Chatto and five others have already been admitted to pre-arrest bail by learned 2nd Additional Sessions Judge, Jacobabad and there is counter version of the incident. By contending so, he prayed for grant of pre-arrest bail to the applicants on point of further inquiry and malafide.
4. Learned D.P.G. for the State who is assisted by the complainant in person has opposed to grant of pre arrest bail to the applicants by contending that they have actively participated in commission of the incident by causing lathi blows to PW Zulfiqar Ali.
5. I have considered the above arguments and perused the record.
6. The offence is not falling within prohibitory clause of Section 497 Cr.PC. Co-accused Abdul Sallam @ Chatto and five others have already been admitted to bail by learned 2nd Additional Sessions Judge, Jacobabad. There is counter version of the incident and which party is aggressor and which party is aggressed upon? It requires determination at trial. The parties are already disputed. In these circumstances, the applicants are found entitled to grant of pre-arrest bail on point of malafide and further inquiry.
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