ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-524 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

03.01.2022.

                        Mr. Abid Abdul Qadir Abro, Advocate for the applicant.

                        Complainant Ubedullah in person.

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 in furtherance of their common intention, caused danda blows to complainant Ubedullah, PWs Amanullah and Sartaj, for that the present case was registered.

2.         The applicant, on having been refused pre-arrest bail by learned 1^st Additional Sessions Judge, Larkana, 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; the FIR of the incident has been lodged with delay of about two days and co-accused Arshad Ali and Noor Muhammad alias Nooral have already been admitted to bail by learned trial Court; therefore; the applicant is entitled to be admitted to bail on point of consistency/further inquiry and malafide.

4.         Learned Addl.P.G for the State and the complainant have recorded no objection to grant of bail to the applicant. By stating so, they also caused filing of affidavit of the complainant to such effect.

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

6.         The FIR of the incident has been lodged with delay of about two days and such delay having not been explained plausibly could not be overlooked. The offence alleged against the applicant is not falling within prohibitory clause of Section 497 Cr.PC. The parties are already disputed over the plot. Co-accused Arshad Ali and Noor Muhammad alias Nooral have already been admitted to bail by learned trial Court. The case has finally been challaned.  The applicant has not misused the concession of pre-arrest bail. In these circumstances, a case for grant of pre-arrest bail to the applicant on point of malafide obviously 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