ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-181 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

17.01.2022

                        Mr. Habibullah Ghouri, Advocate for the applicants.

Mr. Mumtaz Ali Jessar, Advocate for the complainant.

Mr. Abdul Ghaffar, A.P.G for the State.

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IRSHAD ALI SHAH - J;- It is alleged that the applicants,  in furtherance of their common intention caused lathies and belcha blows to complainant Ashique Ali, for that the present case was remgistered. 

                        The applicants on having been refused pre-arrest bail by learned           Additional Sessions Judge, Ratodero, 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 in order to satisfy its dispute with them over the plot; therefore, they are entitled to grant of pre-arrest bail on point of further inquiry and malafide. In support of his contention, he relied upon case of Gul Manan Vs. The State (2021 SCMR-1804)

                        Learned A.P.G for the State and learned counsel for the complainant have opposed to grant of pre-arrest bail to the applicants by contending that they actively participated in 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 twenty days; such delay having not been explained plausibly could not be overlooked. The offence alleged against the applicants is not falling within prohibitory clause of Section 497 Cr.PC. The parties are already disputed over the plot. The case has finally been challaned; the applicants have joined the trial and there is no allegation of tampering with the evidence on the part of applicants. In these circumstances, the applicants are found entitled to grant of pre-arrest bail on point of further inquiry and malafide.

                        In case of Khalil Ahmed Soomro and others Vs. The State             (PLD 2017 SC-730), it has been held by the Honourable Apex Court;

“in present case it appeared that net had been thrown wide and the injuries sustained by the victim excepting one or two have been exaggerated. Seemingly, efforts had been made to show that the offence fell within provision of law which were punishable five years or seven years imprisonment. All said aspects when considered combinely constitute malafide on part of complainant party. Accused persons were granted pre-arrest bail accordingly”.

                        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