ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-566 of 2021.

_______________________________________________________________________

DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

_______________________________________________________________________

For hearing of bail application.

24.02.2022

                        Mr. Noor Ahmed Lashari, Advocate for the applicants.

                        Mr. Himath Ali Gadehi, Advocate for the complainant.

Mr. Aitbar Ali Bullo, D.P.G for the State.

                        =  *  = * = * = * = * =

IRSHAD ALI SHAH - J;- It is alleged that the applicants with rest of the culprits, have arranged forged CNIC and Marriage Certificate of complainant Mst.Samina and then have threatened her to be killed, on account of her refusal to marry one of them, for that the present case was registered. 

                        The applicants on having been refused pre-arrest bail by learned   2^nd Additional Sessions Judge, Qamber, 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 and the offence alleged against the applicants is not falling within the prohibitory clause of Section 497 Cr.PC; therefore, the applicants are entitled to grant of pre-arrest bail on point of further inquiry, which is opposed by learned D.P.G for the State and learned counsel for the complainant by contending that the applicants have ruined the life of an innocent lady.

                        I have considered the above arguments and perused the record.

                        The FIR of the incident is lodged with delay of about seven months and such delay having not been explained plausibly could not be overlooked. The parties are already disputed with each other before Family Court having jurisdiction. The offence alleged against the applicants is not falling within prohibitory clause of Section 497 Cr.PC. The case has finally been challaned. The applicants have joined the trial and there is no allegation of misusing the concession of interim pre-arrest bail 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 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