ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S-17 of 2023

(Shahzad Hussain @ Shahzado & others Vs. The State)

1. For Orders on office objection.

2. For hearing of Bail Application

13-03-2023.

Mr. Mansoor Hussain Mailto, advocate for the applicants.

Mr. Shafi Muhammad Mahar, Deputy 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 in prosecution of their common object by committing trespass into the house of complainant Amanullah besides insulting him caused “Danda” blows to PW Ali Bux, Bilawal, Naseer Ahmed and Mst. Shaharbano, for that the present case was registered.

2. The applicants on having been refused Pre-Arrest bail by learned IIIrd Additional Sessions Judge, Mirpur Mathelo, has sought for the same from this Court by way of instant bail application u/s 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 police; the FIR of the incident has been lodged with delay of about 02 days; all the penal sections applied in FIR except one u/s 452 PPC are bailable, therefore, the applicants are entitled to be admitted to pre-arrest bail on point of further inquiry and malafide, which is not opposed by learned Deputy P.G for the State and complainant Amanullah in person by filing such affidavit.

5. Heard arguments and perused the record.

6. The FIR of the incident has been lodged with delay of about 02 days; such delay could not be overlooked; all the penal sections applicant in the FIR are bailable except one u/s 452 PPC, which is not falling within prohibitory clause; the parties are already disputed over passage; the case has finally been challaned and there is no allegation of misusing of concession of interim pre-arrest bail on the part of the applicants. In these circumstances, a case for grant of pre-arrest bail in favour of the applicant 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 bail application is disposed of accordingly.

Judge

Nasim/P.A.