ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-477 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

20.12.2021

                        Applicant in person.            

Mr. Aitbar Ali Bullo, Deputy Prosecutor General for State.

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IRSHAD ALI SHAH - J;- It is alleged by the prosecution that applicant with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, caused lathi blows to PW Adam Khan and then went away by insulting complainant Muhammad Ishaq, for that the present case was registered. On refusal of pre-arrest bail by learned Sessions Judge, Jacobabad, the applicant has sought for the same from this Court by way of instant application under section 498-A Cr.PC.

                        It is contended by the applicant that he being innocent has been involved in this case falsely by the complainant party only to settle its dispute with him over the landed property. By contending so he sought for pre-arrest bail. However, learned D.P.G for the State has opposed to grant of pre-arrest bail to the applicant by contending that he has actively participated in commission of the incident by causing lathi blows to the injured.

                        Heard arguments and perused the record.

                        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. All the sections applied in the FIR are bailable except one under section 337-F(ii) PPC, it is not falling within prohibitory clause of section 497 Cr.PC. The parties are already disputed over the landed property. Co-accused Gul Muhammad and four others have already been admitted to pre-arrest bail. The case has finally been challaned. The applicant has joined the trial and there is no allegation of misusing the concession of pre-arrest bail on his part. In these circumstances, a case for grant of pre-arrest bail on point of malafide in favour of the applicant obviously is made out.

                        In view of above, the interim pre-arrest bail already granted to the applicant is confirmed on same terms and conditions.

                        The instant criminal bail application is disposed of accordingly.

J U D G E