ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S-592 of 2022

(Zulfiquar Ali Bhanbhro Vs. The State)

1. For Orders on office objection.

2. For hearing of Bail Application

20-02-2023.

Mr. Imtiaz Ali Abbasi, advocate for applicant.

Sher Khan legal heir of the deceased.

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

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Irshad Ali Shah, J;- The facts in brief for disposal of instant Crl. Bail Application are that deceased Bashir Ahmed with rest of the culprits allegedly by committing trespass into house of one Wahid Bux, committed there from theft of 02 buffalo and 01 SBBL gun. On being followed by the inmates of the house and co-villagers, they made their escape good leaving Bashir Ahmed, who was apprehended by the inmates of the house and co-villagers and then died of suffocation; an FIR to such effect was lodged with PS Gudpur. In the meanwhile on filing of an application by one of the legal heir of deceased, SSP Sukkur ordered an inquiry, it was conducted by ASP Saeed Arshad as a consequence whereof, the FIR of the present case was lodged, whereby the applicant and others were involved in murder of Bashir Ahmed.

2. The applicant on having been refused Pre-Arrest bail by learned Ist Additional Sessions Judge/ (MCTC-I), Sukkur, 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 applicant that the applicant being innocent has been involved in this case falsely; otherwise he being SHO of PS Gudpur at the relevant time was having nothing to do with the alleged incident. By contending so, he sought for pre-arrest bail for the applicant.

4. Learned Deputy P.G for the State who is assisted by Sher Khan claiming to be one of the legal heirs of the deceased has opposed to grant of pre-arrest bail to the applicant by contending that he has caused disappearance of the evidence only to save him and others from the legal consequences.

5. Heard arguments and perused the record.

6. There is nothing in FIR, which may suggest that it was the applicant, who actually committed the death of the deceased. Co-accused Wahid Bux and 03 others with utmost similar role have already been admitted to pre-arrest bail by this Court; the case has finally been challaned; the applicant has joined the trial and there is no allegation of misusing the concession of interim pre arrest bail on his part. 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 applicant is confirmed on the same terms and conditions.

8. The instant bail application is disposed of accordingly.

Judge

Nasim/P.A.