ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-110 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

03.03.2022

                        Mr. Abdul Rehman Bhutto, Advocate for the applicant.

                        Mr. Abdul Rehman Chandio, Advocate for the complainant.

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

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IRSHAD ALI SHAH - J;- The applicant is alleged to have taken away PW Imran, for that he was booked accordingly and on refusal of pre-arrest bail by learned 1^st Additional Sessions Judge, Mehar, he 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 five months and the alleged abductee has returned to the house of complainant of his own; 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 learned counsel for the complainant, who are assisted by the complainant and the alleged abductee, have sought for dismissal of the instant bail application by contending that the abductee has been returned, as the applicant could not sustain the pressure of the complainant party.

                        I have considered the above arguments and perused the record.

                        The FIR of the incident has been lodged with delay of about five months and such delay could not be overlooked. The alleged abductee now has surfaced voluntarily. The case has finally been challaned. The applicant has joined the trial and there is no allegation of misusing the 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