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.