ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-499 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01. For orders on M.A.No.561/2022 (U/A).

02. For orders on office objection “A”.

03. For hearing of bail application.

11.02.2022

                        Mr. Muhammad Afzal Jagirani, Advocate for the applicant.

Complainant Mst.Haseena in person.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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01.                   Urgency granted.

02.                   Deferred.

03.                   It is alleged that the applicant maintained illicit relations with complainant Mst.Haseena, thereby, they gave a birth to boy Faizan Ali and then he by way of cheating and fraud, deprived the complainant of her gold ornaments and money, for that the present case was registered. 

                        The applicant on having been refused pre-arrest bail by learned           Sessions Judge, Jacobabad, 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 police; the FIR of the incident has been lodged with delay of about 15 days and the complainant by filing her affidavit has recorded no objection to grant of bail to the applicant; therefore, the applicant is entitled to grant of pre-arrest bail on point of further inquiry and malafide.

                        Learned Addl.P.G for the State and the complainant in person have recorded no objection to grant of bail to the applicant.

                        I have considered the above arguments and perused the record.

                        The complainant allegedly is having a son aged about seven years out of her illicit relation with the applicant, which prima facie suggests that it is an old incident. Why such incident was not reported promptly? No explanation to it is offered. The complainant now by filing her affidavit has recorded no objection to grant of bail to the applicant. In these circumstances, it is rightly being contended by learned counsel for the applicant that the applicant is 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.

      JUDGE