ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-439 of 2020

Date of hearing

Order with signature of Judge

                                    For hearing of bail application.

08.10.2020

Mr.Muhammad Afzal Jagirani, Advocate for applicant

                        Complainant Bhale Dino in person.

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, in furtherance of their common intention, by making trespass into the house of complainant Bhale Dino, fired and injured him, with intention to commit his murder, for that the present case was registered.

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

3.        It is contended by the applicant that he being innocent has been involved in this case falsely by the complainant in order to satisfy his matrimonial dispute with him; the FIR of the incident has been lodged with delay of about one day; there is conflict between ocular and medical evidence and injury sustained by the complainant even otherwise is on non vital part of his body. By contending so, he sought for pre-arrest bail for him on point of further inquiry and malafide. In support of his contention, he has relied upon case of Faisal Nawaz Vs. The State and another (2010 PCr.LJ-1644).

4.        Learned D.P.G for the State has recorded no objection to grant of pre-arrest bail to the applicant while the complainant has objected to grant of bail to the applicant by contending that the applicant has actively participated in commission of the incident by causing him fire shot injury on his left thigh.

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

6.        The FIR of the incident has been lodged with delay of about one day and such delay having not been explained plausibly could not be overlooked. The injury sustained by the complainant is on his right thigh, which is not vital part of his body. As per FIR, there is no allegation of repetition of fire shot injury upon the complainant. The parties are already disputed over matrimonial affairs. In that situation, a case for grant of pre-arrest bail in favour of the applicant on point of malafide and further inquiry is made out.

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

8.        The instant bail application is disposed of accordingly.

 J U D G E