ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-91 of 2021.

_______________________________________________________________________

DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

_______________________________________________________________________

For hearing of bail application.

03.03.2022

                        Mr. Noor Hassan Khoso, Advocate for the applicant.

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

                        =  *  = * = * = * = * =

IRSHAD ALI SHAH - J;- It is alleged that the applicant with rest of the culprits, by committing trespass into house of complainant Abid Hussain, robbed him of his gold ornaments and other belongings, as are detailed in his FIR, for that the present case was registered. 

                        The applicant on having been refused pre-arrest bail by learned           1^st Additional Sessions Judge, Dadu, 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 one day; the identity of the applicant under light of bulbs is appearing to be weak piece of evidence and co-accused Hassan and Hussain have already been admitted to bail by learned trial Court; therefore, the applicant is entitled to grant of pre-arrest bail on point of further inquiry/consistency and malafide.

                        The complainant appeared and expressed confidence over learned Addl.P.G for the State, who has opposed to grant of bail to the applicant by contending that the offence which he 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 by the complainant with delay of one day. The 161 Cr.PC statements of PWs have been recorded with further delay of one day even to FIR. No plausible explanation to such delay is offered. The identity of the applicant under light of bulbs is appearing to be weak piece of evidence. Noting has been brought on record which may prove that the alleged robbed articles were actually owned by the complainant. 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