ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-439 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. Shahbaz Ali Brohi, Advocate for the applicants.

                        Mr. Sajjad Hussain Arain, Advocate for the complainant.

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, by committing trespass into house of complainant Zulfiqar Ali, attempted to take away baby Aliza, during course whereof, caused blow to PW Shoaib at his mouth and then went away by making fires in air to create harassment, 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 party only to satisfy its matrimonial dispute with them; the FIR has been lodged with delay of about 15 days and the very case on investigation was recommended by the police to be disposed of under “C” 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 and learned counsel for the complainant have sought for dismissal of the instant bail application by contending that they are vicariously liable for the commission of the incident.

                        I have considered the above arguments and perused the record.

                        The FIR of the incident has been lodged with delay of about 15 days and such delay having not been explained plausibly could not be overlooked. The injury sustained by PW Shoaib is not falling within prohibitory clause. The parties are disputed over custody of baby Aliza. The very case on investigation was recommended by the police to be disposed of under “C” class. The applicants have joined the trial and 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 criminal bail application is disposed of accordingly.

J U D G E