ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S- 225 of 2021.

1. For Orders on office objection.

2. For hearing of Bail Application

03-05-2021.

Mr. Miran Bux Shah, advocate for applicant

Mr. Aftab Ahmed Shar, APG for the State.

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Irshad Ali Shah, J; It is alleged that the applicants with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object by making trespass into house of complainant Sain Bux, caused him, PWs Bashir Ahmed, and Mst. Shahzadi lathies, butt and hatchets blows with its back side, with intention to commit their murder and went away by misappropriating gold chain and Rs. 20,000/- of the complainant, for that the present case was registered.

2. The applicants on having been refused pre-arrest bail by learned Additional Sessions Judge-IV, 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 on account of its dispute with them over landed property; the FIR of the incident has been lodged with delay of about eight hours; there is counter version of the incident and offence alleged against the applicants is not failing within prohibitory clause of section 497 (ii) Cr.P.C, therefore the applicants are entitled to grant of pre-arrest bail as they are apprehending unjustified arrest at the hands of the police which is motivated by the complainant party.

4. Learned DPG for the State has opposed to grant of pre-arrest bail to the applicants by contending that they have actively participated in commission of incident.

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

6. The FIR of the incident has been lodged with delay of about eight hours; such delay could not be over looked. Whether the injuries with lathies, butt and back side of the hatchets were caused to the complainant and his witnesses with intention to commit their murder? It requires determination at trial. There is counter version of the incident, which party is aggressor and which party is aggressed upon? it also requires determination at trial. Nothing has been brought on record, which may prove the ownership of the complainant over the gold chain, which is allegedly misappropriated in the present case. The parties are said to be disputed over landed property. In these circumstances, the applicants are found entitled to grant of pre arrest bail on point of further inquiry and malafide.

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

8. Instant Cr. Bail Application is disposed of accordingly.

Judge

Nasim/Steno.