ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-497 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

10.02.2022

                        Mr. Sarfraz Khan Jamali, Advocate for the applicant.

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

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IRSHAD ALI SHAH - J;- It is alleged that the applicant with rest of the culprits,  by making trespass by night into the house of one Kouro Khan, committed there-from theft of gold ornaments and other belongings, for that the present case was registered. 

                        The applicant on having been refused pre-arrest bail by learned           6^th Additional Sessions Judge, Larkana, has 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 applicant that the applicant being innocent has been involved in this case falsely by the complainant; the FIR of the incident has been lodged with delay of about two days; the identity of the applicant under light of solar bulb is appearing to be weak piece of evidence; therefore, he is entitled to grant of pre-arrest bail on point of further inquiry and malafide.

                        None has appeared on behalf of the complainant despite service of notice. However, learned A.P.G for the State has sought for dismissal of the instant bail application by contending that the offence which the applicant has committed is affecting the society at large.

                        I have considered the above arguments and perused the record.

                        The FIR of the incident has been lodged with delay of about two days; such delay having not been explained plausibly could not be overlooked. The identity of the applicant under light of solar bulb is appearing to be weak piece of evidence. The complainant is resident of distant place. The parties are said to be disputed over matrimonial affairs. The case has finally been challaned. The applicant has joined the trial and there is no allegation of misusing concession of pre-arrest bail on his part. In these circumstances, the applicant is found entitled to grant of pre-arrest bail on point of further inquiry and malafide.

                        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