ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No. S – 156 of 2020

Date Order with Signature of Hon’ble Judge

For hearing of bail application

29.06.2020

Mr. Shabbir Ali Bozdar Advocate for the Applicant

Mr. Wazir Ahmed Ghoto Advocate for the complainant

Mr. Abdul Rahman Kolachi, DPG for the State

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Irshad Ali Shah-J; It is alleged that the applicant with rest of the culprits after recording obscene video of PW Aaqib Ali used to subject him to unnatural lust and on his refusal to do so maltreated him with a threat that in case they are not paid Rupees one lac then his father the complainant would be killed by them, for that the present case was registered.

2. The applicant on having been refused pre-arrest bail by learned Additional Sessions Judge (MCTC), Ubauro, 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 the applicant being innocent has been involved in this case falsely by the complainant party; that the FIR has been lodged with delay of one year and more so, complainant Wali Muhammad now by filing his affidavit has recorded no objection to grant of bail to the applicant, therefore, the applicant according to him is entitled to grant of pre‑arrest bail on point of further inquiry and malafide.

4. Learned D.P.G. for the State and learned counsel for the complainant have recorded no objection to grant of bail to the applicant.

5. I have heard learned counsel for the parties and perused the record.

6. The FIR has been lodged with delay of about one year, such delay having not been explained plausibly could not be overlooked and more so complainant by filing his affidavit now has recorded no objection to grant of bail to the applicant. In these circumstances, it is rightly being contended by learned counsel for the applicant that the applicant is entitled to grant of bail on point of further inquiry and malafide.

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

8. The instant bail application is disposed of accordingly.

Judge

ARBROHI