ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-17 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

13.12.2021

                        Mr. Ashique Ali Jatoi, Advocate for the applicants.

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

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IRSHAD ALI SHAH - J;- It is alleged that the applicants with rest of the culprits, after keeping complainant Baqaullah and his witnesses under fear of death, robbed them of their money by way of maltreatment, for that the present case was registered.

                        The applicants on having been refused pre-arrest bail by learned           Session 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 party only to settle its dispute with them over plot; the FIR of the incident has been lodged with delay of about one month and very case on investigation was recommended by the police to be disposed of under false “B” class; therefore, the applicants are entitled to grant of pre-arrest bail, as they are apprehending their unjustified arrest at the hands of police.

                        Learned Asstt.Prosecutor General for the State has sought for dismissal of the instant bail application by contending that the applicants have committed the offence which is affecting the society at large.

                        I have considered the above arguments and perused the record.

                        The FIR of the incident has been lodged with delay of about one month and such delay having not been explained plausibly could not be overlooked. The parties are already disputed over the possession of plot. The very case on investigation was recommended by the police to be cancelled under false “B” class. The applicants have joined the trial and they have not misused the concession of pre-arrest bail. In these circumstances, a case for grant of pre-arrest bail on point of malafide in favour of the applicants obviously is made out.

                        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