ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S-20 of 2023

(Gulzar Ahmed Maitlo Vs. The State)

1. For orders on office objection.

2. For orders on MA No. 134/2023.

3. For hearing of Bail Application

13-03-2023.

Mr. Waqar Ahmed Phulpoto, advocate for the 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 with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object caused lathi and Sariya injuries to complainant Inamauddin, PWs Salahuddin and Younis and then went away by insulting them, for that the present case was registered.

2. The applicant on having been refused Pre-Arrest bail by learned IVth Additional Sessions Judge, Khairpur, has sought for the same from this Court by way of instant bail application u/s 498-A Cr.P.C.

3. Heard arguments and perused the record.

4. The FIR of the incident has been lodged with delay of about 24 days; such delay having not been explained; could not be over looked. Co-accused Sabit Ali @ Tariq Ahmed and Mehtab Ali have already been admitted to bail by learned trial Court/Magistrate; the offence alleged against the applicant is not falling within prohibitory clause; the parties are already disputed; learned DPG for the State has recorded no objection to grant of pre-arrest bail to the applicant; 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 applicant. 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.

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

6. The instant bail application is disposed of accordingly.

Judge

Nasim/P.A.