ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S-634 of 2022

Crl. Bail application No.S-635 of 2022

1. For orders on office objection.

2. For hearing of Bail Application

03-02-2023.

Mr. J.K Jarwar, advocate for the applicants.

Mr. Rukhsar Ahmed Junejo, advocate for the complainant.

Mr. Shafi Muhammad Mahar, Deputy P.G for the State.

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Irshad Ali Shah, J;- It is alleged that on complaint made by Mst. Hafeez Khatoon with regard to maltreatment at the hands of applicants, who happened to be her husband and father in law, complainant Mst. Jannat Khatoon being her mother approached the applicants, she and her witnesses too were maltreated by the applicants and during such scuffle the complainant lost her gold chain weighing to be half Tola, for that the present case was registered.

2. The applicants on having been refused Pre-Arrest bail by learned Vth Additional Sessions Judge, Sukkur, have sought for the same from this Court by filing two separate applications under Section 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 05 days; such delay having not been explained plausibly could not be over looked. All the penal sections applied in FIR are bailable excepting one u/s 506 PPC, it is not falling within prohibitory clause. The parties are already been disputed over matrimonial affairs; 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 is made out.

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

6. The instant bail applications are disposed of accordingly.

Judge

Nasim/P.A.