ORDER SHEET
IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR
Crl. Bail Application No.S- 699 of 2022
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For hearing of bail application
16-01-2023.
Mr. Abdul
Fattah Samo, advocate for applicant
Mr.
Shafi Muhammad Mahar, Deputy P.G for the State.
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Irshad
Ali Shah, J; It is alleged
that the applicant, by committing trespass in to shop of complainant Pir Bux
committed theft of batteries and other articles, for that the present case was
registered.
2. The applicant on having been refused Pre-Arrest
bail by learned Additional Sessions Judge/MCTC, Ubauro, has 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 applicant that the applicant being
innocent has been involved in this case falsely by the complainant; FIR of the
incident has been lodged with delay of about six days and offence does not falling
within the prohibitory clause of section 497 Cr.P.C, therefore, the applicant
is entitled to be admitted to pre-arrest bail on the point of malafide.
4. Learned
Deputy P.G for the State has opposed to grant of pre-arrest bail to the
applicant by contending that the offence alleged against the applicant is
affecting society at large.
5. Heard
arguments and perused the record.
6. The
FIR of the incident has been lodged with delay of about six days, yet it does
not contain the name and description of the applicant; he has been involved in
the present case on the basis of statements of witnesses, which appears to be
surprising; the offence alleged against applicant is not falling within
prohibitory clause; the case has finally been challaned; that applicant has
joined the trial and there is no allegation of misusing the concession of interim
pre bail on the part of applicant. In these circumstances, a case for grant of
pre-arrest bail in favour of the applicant on point of malafide obviously is
made out.
7. In
view of above, the interim pre-arrest bail already granted to the applicant is
confirmed on the same terms and conditions.
8. The instant bail application is disposed of
accordingly.
Judge
Nasim/P.A.