ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S- 610 of 2020.

1. For Orders on office objection.

2. For hearing of bail application

30-04-2021.

Mr. Abdul Ghani Abro, advocate for applicants.

Mr. Saeed Ahmed Bhatt, advocate for complainant.

Mr. Khalil Ahmed Maitlo, DPG for the State.

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Irshad Ali Shah, J; It is alleged that the applicants after having formed an unlawful assembly and in prosecution of their common object by making by making trespass into house of complainant Pervaiz Ahmed, caused fire shot injuries to his mother Mst. Aisha on her right breast and right hand with intention to commit her murder, for that the present case was registered.

2. The applicants on having been refused pre-arrest bail by learned Additional Sessions Judge-III, Khairpur, have sought for the same from this Court by way of instant bail application under Section 498-A Cr.P.C.

3. It is contended by learned counsel for the applicants that applicants being innocent have been involved in this case falsely by the complainant party in order to satisfy its old enmity with them; the FIR of the incident has been lodged with delay of about 14 hours and injuries sustained by Mst. Aisha have been declared by medical board to have been fabricated, therefore, the applicants are entitled to grant of pre-arrest bail as they are apprehending their unjustified arrest at the hands of the police.

4. Learned DPG for the State and learned counsel for the complainant have opposed to grant of pre-arrest bail to the applicants by contending that they have actively participated in commission of incident. In support of their contention in case of Bilal Khan Vs. The State (2020 SCMR 937).

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

6. The FIR of the incident has been lodged with delay of about 14 hours, such delay could not be over looked. The injuries sustained by Mst. Aisha as per medical board are carrying with it possibility of fabrication. The parties are already disputed with each other. In these circumstances, the false involvement of the applicants in the present case could not be ruled out.

7. The case law which is relied upon by learned DPG for the State and learned counsel for the complainant is on distinguishable facts and circumstances. In that case the injuries sustained by the injured were not found carrying with it possibility of fabrication.

8. In view of above, interim pre-arrest bail already granted to the applicants is confirmed on same terms and conditions.

9. Instant Crl. Bail Application is disposed of accordingly.

Judge

Nasim/Steno.