ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-488 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

25.11.2021

                        Mr. Atta Hussain Qadri, Advocate for the applicants.

                        Mr. Abdul Ghaffar, Assistant Prosecutor General for State.

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IRSHAD ALI SHAH - J;- It is alleged that the applicants with rest of the culprits, by committing trespass into house of complainant Abdul Rehman, took away his Fridge and other belongings,  for that the present case was registered.

                        The applicants on having been refused pre-arrest bail by learned           5^th Additional Sessions Judge, Shikarpur, have 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 applicants that the applicants being innocent have been involved in this case falsely by the complainant in order to satisfy his murderous enmity with them; the FIR of the incident has been lodged with delay of about two months and the very case on investigation has been recommended by the police to be cancelled as false under “B” class, therefore, the applicants are entitled to grant of pre-arrest bail, as they are apprehending their unjustified arrest.

                        Learned Assistant Prosecutor General for the State has opposed to grant of pre-arrest bail to the applicants by contending that the offence which they have committed is affecting the society.

                        I have considered the above arguments and perused the record.

                        The FIR of the incident has been lodged with delay of about two months and such delay having not been explained plausibly could not be overlooked. No document of ownership of the property allegedly taken away by the applicants and others is produced by the complainant before the police. The parties admittedly are disputed with each other. The very case on investigation has been recommended by the police to be cancelled as false under false “B” class. In these circumstances, the applicants are found entitled for grant of pre-arrest bail on point of malafide.

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

                        The instant bail application is disposed of accordingly.

J U D G E