ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-93 of 2020

Date of hearing

Order with signature of Judge

                                    For hearing of bail application.

06.08.2020.

Syed Makhdoom Tahir Abbas Shah, Advocate  for  applicant

                        Mr. Nazir Ahmed Chachar, Advocate for the complainant

Mr. Muhammad Noonari, Deputy Prosecutor General

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IRSHAD ALI SHAH, J.- It is alleged that the applicant with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object, fired and injured PWs Mehtab and Gulsher with intention to commit their murder, thereby they sustained “Italf” of their “Udw” and then went away by making aerial firing, for that the present case was registered.

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

3.        It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police only to make him withdraw from his murder case against the complainant party; the FIR has been lodged with delay of one month without lawful justification and co-accused Abdul Rasheed and eight others have already been admitted to bail by learned Sessions Judge, Shikarpur. By contending so, he sought for pre-arrest bail for the applicant on point of malafide.

4.        Learned D.P.G. for the State and learned counsel for the complainant have opposed to grant of pre arrest bail to the applicant by contending that he is attributed role of causing fire shot injury to PW Mehtab on his finger.

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

6.        The FIR of the incident has been lodged with delay of more than one month and such delay could not be lost sight of; during course of same incident one of the person from the applicant side had lost his life and such FIR has been registered against the complainant party; the parties are already disputed over the landed property; co-accused Abdul Rasheed and eight others have already been admitted to bail by learned Sessions Judge, Shikarpur. In that situation, it is rightly being contended by learned counsel for the applicant that the applicant is entitled to be admitted to pre-arrest bail on point of further inquiry and 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.

                              JUDGE