ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-267 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

 

29.11.2021

 

                        Mr. Mumtaz Ali Jessar, Advocate for the applicant.

                        Mr. Abdul Ghaffar, Asstt. Prosecutor General for State.

 

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IRSHAD ALI SHAH, J.- It is alleged by the prosecution that the applicant with rest of the culprits, robbed complainant Shafi Muhammad of his licensed pistol and other belongings by way of maltreatment, for that the present case was registered.

2.         The applicant, on having been refused pre-arrest bail by learned 3rd Additional Sessions Judge, Larkana, has sought for the same from this Court by way of instant bail application under section 498 Cr.PC.

3.         It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant in order to satisfy his previous grudge with him over sale/purchase of plot; the FIR of the incident has been lodged with delay of about nine days and there is counter version of the incident. By contending so, he sought for pre-arrest bail for the applicant on point of malafide.

4.         Learned Asstt.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 FIR of the incident has been lodged with delay of about nine days and such delay having not been explained plausibly could not be overlooked. There is counter version of the incident. Co-accused Mst.Shahzadi has already been admitted to bail. The parties are already disputed over sale/purchase of plot. The case has finally been challaned. The applicant has joined the trial. In these circumstances, a case for grant of bail to the applicant on point of malafide obviously is made out. 

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 criminal bail application is disposed of accordingly.

 

  J U D G E