ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. B. A. No.604 of 2022

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DATE ORDER WITH SIGNATURE OF JUDGE(s)

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Before:

Mr. Justice Irshad Ali Shah

05.07.2022

Mr. Waqar Alam Abbasi, advocate for applicant Bakhtiar Gul

Ms. Rubina Qadir, D.P.G.

None for the complainant
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It is alleged that the applicant threatened complainant Aziz Rafique to be killed, for that the present case was registered. On having been refused pre-arrest bail by learned IX Additional Sessions Judge Karachi South he has sought for the same from this Court by way of instant criminal bail 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, in order to satisfy his dispute with him over plot and the offence alleged against him does not fall within the prohibitory clause, therefore, he is entitled to grant of pre-arrest bail on point of further inquiry and malafide.

None has come forward to advance arguments on behalf of the complainant. However, learned DPG for the State has opposed to grant of pre-arrest bail to the applicant by contending that he has committed the offence against an innocent person only to deprive him of his plot.

Heard argument. Perused record.

The FIR of the incident was lodged with delay of about six days, such delay having not been explained plausibly could not be over looked. The offence alleged against the applicant is not falling within the prohibitory clause. There is dispute between the applicant and the complainant over plot. The case has finally been challaned. The applicant has joined the trial and there is no allegation of misusing the concession of interim pre-arrest bail on his part. In these circumstances, the case for grant of pre-arrest bail to the applicant on the point of further inquiry and malafide obviously is made out.

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

The instant bail application is disposed of accordingly.

J U D G E