ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-327 of 2020

Date of hearing

Order with signature of Judge

                                    For hearing of bail application.

10.08.2020

M/S. Shahbaz Ali Brohi & Abdul Rehman Bhutto,

Advocates for the applicants

                        Complainant Ayaz Ahmed Soomro in person

                        Mr. Muhammad Noonari, Deputy Prosecutor General

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IRSHAD ALI SHAH, J.- It is alleged that the applicants with rest of  culprits, after having formed an unlawful assembly and in prosecution of their common object, by making encroachment over the plot, committed Qatl-e-Amd of Ghulam Mustafa by causing him fire shot injuries and then went away by insulting and threatening them, for that the present case was registered.

2.        The applicants, on having been refused pre-arrest bail by learned 1^st Additional Sessions Judge, Shikarpur, have sought for the same from this Court by way of instant bail 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 dispute with them over the plot; the FIR of the incident has been lodged with delay of about two days and no active role in commission of the incident is attributed to the applicants. By contending so, they sought for pre-arrest bail for the applicants on point of further inquiry and malafide.

4.        Learned D.P.G for the State and complainant Ayaz Ahmed Soomro in person have recorded no objection to grant of pre-arrest bail to the applicants by contending that the parties have compounded the offence. By stating so, they brought on record the affidavit of the complainant to such effect.

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

6.        The FIR of the incident has been lodged with delay of about two days, such delay could not be ignored. No effective role in commission of the incident is attributed to the applicants. The parties are already disputed over the plot. In that situation, the involvement of the applicants in commission of the incident with some ulterior motives cannot be lost sight of.

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

8.        Needless to say that the observation recorded above is tentative in nature and same may not affect the case of either party at trial.

9.        The instant bail application is disposed of accordingly.

                                             JUDGE