ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-486 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. Ali Anwar Sahar, 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, in furtherance of their common intention, committed murder of Mst.Parveen Mahessar, by strangulating her throat and then put her dead body on flame to give it cover of a suicide, thereby destroyed the evidence to save themselves from legal consequences, 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 police, otherwise she has nothing to do with the alleged incident. By contending so, he sought for pre-arrest bail for the applicant.

4.         Learned Asstt.P.G for the State has opposed to grant of bail to the applicant by contending that she has actively participated in commission of the incident by failing to report incident to the police.

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

6.         Initially, the death of the deceased was reported as suicide. The FIR of the incident has been lodged by the police on behalf of the State after due inquiry that too with delay of about seven months, which appears to be significant. The complainant is not an eye witness of the incident. The applicant is lady and she it is said is running with pregnancy. No specific role in commission of the incident is attributed to the applicant. The case has finally been challaned. The applicant has joined the trial. In these circumstances, a case for grant of pre-arrest bail to applicant on point of malafide 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