ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Misc. Application No.S-333 of 2020.

For hearing of main case.

26-04-2021.

Mr. Hamayoon Shaikh, advocate for the applicant.

Mr. Muhammad Ali Dayo, advocate for respondent No.4.

Syed Sardar Ali Shah Rizvi, DPG for the State.

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Irshad Ali Shah, J;-The applicant by way of instant Crl. Misc. Application has sought for recalling of order dated 01-06-2020 whereby the private respondents have been admitted to pre-arrest bail by this Court.

2. The allegation against the private respondents is that they with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, committed murder of Abdul Sattar by causing him fire shot injuries, in order to satisfy with him the matrimonial dispute, for that they were booked and reported upon.

3. It is contended by learned counsel for the applicant that after grant of pre-arrest bail, the private respondents are issuing threats of dire consequences to the applicant, which amounts to misusing the concession of bail. By contending so, he sought for recalling the bail order.

4. Learned DPG for the State and learned counsel for the private respondents have sought for dismissal of instant Crl. Misc. Application by contending that the concession of bail has never been misused by the private respondents.

5. I have considered the above arguments and have perused the record.

6. The role attributed to the private respondents in commission of incident was only to the extent of making aerial firing and they on investigation were found to be innocent by the police, there is no report from learned trial Court, which may suggest that the private respondents have misused the concession of bail. In these circumstances, it would be unjustified to recall the concession of bail already granted to the private respondents on the basis of self procured allegation of issuing threats of dire consequences to the applicant.

7. In view of above, the instant Crl. Misc. Application fails and it is dismissed accordingly.

Judge

Nasim/Steno