ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-387 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

22.11.2021

                        Mr. Zafar Ali Malgani, Advocate for the applicant.

                        Complainant Nadir Ali in person.

                        Mr. Abdul Ghaffar, Assistant Prosecutor General for State.

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IRSHAD ALI SHAH - J;- It is alleged by the prosecution that applicant with rest of the culprits, by committing trespass into house of complainant Nadir Ali committed theft of his buffalo and then went away by making fires at him and his witnesses with intention to commit their murder, one of such fire eventually it is said hit to co-accused Munawar alias Kako on his left knee, for that the present case was registered.

                        The applicant on having been refused pre-arrest bail by learned           Sessions Judge, Jacobabad, has sought for the same from this Court by way of instant application under section 498-A Cr.PC.

                        It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police and his identity at the night time is calling for further inquiry. By  contending so, he sought pre-arrest bail  for the applicant on point of malafide.

                        Complainant Nadir Ali has recorded no objection to grant of pre-arrest bail to the applicant by filing his affidavit. However, learned Assistant Prosecutor General for the State has opposed to grant of pre-arrest bail to the applicant by contending that he has actively participated in commission of the incident, which is affecting the society.

                        I have considered the above arguments and perused the record.

                        It was night time incident, therefore, the identity of the applicant under torch lights is appearing to be weak piece of evidence. None from the complainant side has sustained fire shot injury. The complainant now by filing his affidavit has recorded no objection to grant of pre-arrest bail to the applicant.  In these circumstances, a case for grant of pre-arrest bail obviously is made out in favour of the applicant on point of malafide.

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

                        The instant bail application is disposed of accordingly.

J U D G E