ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-549 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

23.12.2021

                        Mr. Shahzado Sodhar, Advocate for the applicant.                     

Mr. Ali Anwar Kandhro, Addl. Prosecutor General for State.

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IRSHAD ALI SHAH - J;- It is alleged that the applicant with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, by committing trespass into house of complainant Azizullah caused him butt blows and then went away by committing mischief and criminal intimidation, for that the present case was registered.

                        The applicant on having been refused pre-arrest bail by learned  1^st Additional Sessions Judge, Mehar, 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 in order to satisfy his dispute with him over the possession of house; the FIR has been lodged with delay of about 22 days; and the offence alleged against the applicant is also not falling within the prohibitory clause of Section 497 Cr.PC. By contending so, he sought for pre-arrest bail for the applicant on point of malafide.

                        Learned Addl.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.

                        I have considered the above arguments and perused record.

                        The FIR of the incident has been lodged with delay of about 22 days. The offence alleged against the applicant is not falling within prohibitory clause of section 497 Cr.PC. The parties are already disputed over the possession of house. 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