ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-279 of 2020

Date of hearing

Order with signature of Judge

                                    For hearing of bail application.

21.08.2020.

Mr. Muhammad Afzal Jagirani, Advocate for the applicant

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 at complainant Aijaz Ali and his witnesses, with intention to commit their murder, then maltreated, insulted and threatening them of murder and then went away by making fires in air to create harassment, for that the present case was registered.

2.                    The applicant was enjoying the concession of bail, it was cancelled by learned trial Court on account of his absence, he then applied for pre-arrest bail, which was denied to him by learned Incharge Additional Sessions Judge-IV, Dadu. The applicant now has sought for the same from this Court by way of instant application under section 498 Cr.PC.

3.                    It is contended by learned counsel for the applicant that he being innocent has been involved in this case falsely by the complainant in order to satisfy the previous enmity with him; the firing is ineffective one and the absence of applicant before learned trial Court was beyond his control. By contending so, he sought for pre-arrest bail for the applicant, as according to him he is apprehending unjustified arrest at the hands of police.

4.                    Learned D.P.G for the State has recorded no objection to grant of bail to the applicant.

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

6.                    The applicant apparently was enjoying the concession of bail, it was cancelled by learned trial Court on account of his absence, which according to him, was beyond his control. Be that as it may, the parties are already disputed with each other and the firing allegedly made at the complainant and his witnesses by the applicant and others proved to be ineffective one. Whether ineffective firing was made at the complainant and his witnesses with intention to commit their murder? It requires determination at trial.  In these circumstances, it is rightly being contended by learned counsel for the applicant that the applicant is 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 the applicant is confirmed on same terms and conditions.

8.                    The instant bail application is disposed of accordingly.

                                                                                                                                           JUDGE