IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Criminal Bail Application No. S-673 of 2022

(Altaf Hussain and others v State)

Date Order with signature of Judge

For hearing of Bail Application.

Date of hearing : 06.02.2023

Mr. Abdul Hameed Sangi Advocate for the applicants.

Mr. Shafi Muhammad Mahar, D.P.G.

O R D E R

Irshad Ali Shah, J. It is alleged that the applicants in furtherance of their common intention caused lathi and dagger blows to P.W Mst.Asma, for that the present case was registered.

2. The applicants after having been refused pre-arrest bail by learned IInd Additional Sessions Judge Naushahro Feroze 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 complainant party in order to satisfy its grudge with them over matrimonial affairs; the FIR of the incident has been lodged with delay of about one day and offence alleged against the applicants is not falling within the prohibitory clause. By contending so, he sought for pre-arrest bail for the applicants on the point of further enquiry and malafide.

4. Learned DPG for the State has opposed to grant of pre-arrest bail to the applicant by contending that they have caused lathi and dagger blows to P.W Mst.Asma.

5. Heard arguments and perused the record.

6. The FIR of the incident has been lodged with delay of about one day such delay having not been explained plausibly could not be overlooked. The offence alleged against the applicant is not falling within prohibitory clause. The parties are already 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 against them. In these circumstances a case for grant of pre-arrest bail to the applicants on point of further enquiry and malafide is made out.

7. In case of Khalil Ahmed Soomro and others Vs. The State (PLD 2017 SC-730), it has been held by the Honourable Apex Court;

“in present case it appeared that net had been thrown wide and the injuries sustained by the victim excepting one or two have been exaggerated. Seemingly, efforts had been made to show that the offence fell within provision of law which were punishable five years or seven years imprisonment. All said aspects when considered combinely constitute malafide on part of complainant party. Accused persons were granted pre-arrest bail accordingly”.

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

9. The instant bail application is disposed of accordingly.

J U D G E

Akber.