ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-383 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. Irfan Badar Abbasi, Advocate for the applicant.

                        Complainant Muhammad Yousif in person

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, after having formed an unlawful assembly and in prosecution of their common object, fired at complainant Muhammad Yousif with intention commit his murder and then went away by causing him iron pipe and iron rod injuries, for that the present case was registered.

2.         The applicant, on having been refused pre-arrest bail by learned 4^th Additional Sessions Judge, Dadu, 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; the FIR of the incident has been lodged with delay of about one day; the injuries sustained by the complainant are not falling within the prohibitory clause of Section 497 Cr.PC By contending so, he sought for pre-arrest bail for the applicant.

4.         Learned Asstt. P.G for the State who is assisted by the complainant has opposed to grant of bail to the applicant by contending that he has caused iron rod injuries to the complainant.

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 firing proved to be ineffective one. The injuries sustained by the complainant are bailable in its nature. The parties are already disputed. 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