ORDER SHEET
IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR
Crl. Bail Application No.S-594
of 2022
(Qadir Bux &
others Vs. The State)
ญญญ
For hearing of Bail Application
30-01-2023.
Mr. Abdul Karim Chang, advocate for applicants
Complainant
in person.
Mr.
Syed Sardar Ali Shah Rizvi,
Additional P.G 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, caused iron rod, lathi and hatchet blows with its back side to complainant
Abdul Rehman, PWs Muhammad Hashim
and Habib Rehman with
intention to commit their murder and then went away by making aerial firing to
create harassment, for that the present case was registered.
2. The applicants on having been refused
Pre-Arrest bail by learned Additional Sessions Judge Mirwah,
have sought for the same from this Court by way of instant Crl.
Bail Application under Section 498-A Cr.P.C.
3. It is contended by learned counsel for
the applicants that the applicants being innocent have been involved in this
case falsely by the complainant in order to satisfy with them his dispute over
landed property; the firing was in effective one and co-accused Hub Ali has
already been admitted to bail by learned trial Court; therefore, the applicants
are entitled to be admitted to pre-arrest bail on the point of further inquiry
and malafide.
4. Learned Additional P.G for the State has
recorded no objection to grant of pre arrest bail to the applicants. However
complainant has opposed to grant of bail to the applicants by contending that
their case is distinguishable to that of co-accused Hub Ali.
5. Heard arguments and perused the record.
6. The FIR of the incident has been lodged
with the delay of about one day; such delay having not been explained plausibly
could not be overlooked. The parties are already disputed with each other. The
case has finally been challaned. The applicants have joined the trial and there
is no allegation of misusing the concession of interim pre arrest bail on their
part. In these circumstances, a case for grant of pre-arrest bail in favour of the applicants on point of further inquiry and malafide obviously is made out.
7. In view of above, the interim pre-arrest
bail already granted to the applicants is confirmed on the same terms and
conditions.
8. The instant Crl. Bail Application is disposed of accordingly.
Judge
Nasim/P.A.