ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Criminal Bail Application No. 613 of 2022

(Wazeer vs. The State)

DATE ORDER WITH SIGNATURE OF JUDGE

For hearing of bail application

20.07.2022

Mr. Abdul Wahid Bughio advocate for the applicant

Mr. Talib Ali Memon Asstt. P.G for State

-.-.-.-.-.-.-.

IRSHAD ALI SHAH, J. It is alleged that applicant with rest of the culprits in further of their common intention not only maltreated but caused Sarota blow to P.W Amanullah and then went away by misappropriating his cash and mobile phone, for that the present case was registered.

The applicant on having been refused pre-arrest bail by learned V-Additional Sessions Judge Malir Karachi has sought for the same from this Court by way of instant application under section 498 Cr.P.C.

It is contended by learned counsel for the applicant that applicant being innocent has been involved in this case falsely by the complainant in order to satisfy his grudge with him; FIR has been lodged with delay of about four days and co-accused Saleem Khan has already been admitted to bail by learned trial Court. By contending so, he has sought for pre-arrest bail for the applicant.

None has come forward to advance arguments on behalf of the complainant. However, learned Assistant P.G for the State has opposed to grant of pre-arrest bail to the applicant by contending that he is principle accused of the incident.

Heard arguments and perused the record.

The delay in lodgment of FIR by four days could not be lost sight of; all the penal sections applied in FIR are bailable excepting one under Section 337-A(ii) PPC; it is not falling within prohibitory clause; there is counter version of the incident; which party is aggressor and which party is aggressed upon; it requires determination at trial. Co-accused Saleem Khan has already been admitted to bail by learned trial Court. 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 a case of grant of pre-arrest bail in favour of applicant obviously is made out.

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

The instant bail application is disposed of accordingly.

JUDGE