ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S-333 of 2022

(Mehar @ Mehar Ali Gurgaj Vs. The State.

1. For Orders on office objection.

2. For hearing of Bail Application

20-02-2023.

Mr. Shabbir Ali Bozdar, advocate for the applicant.

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

>>>>>>>…<<<<<<<<

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, by committing trespass into the house of complainant Ghulam Mustafa and caused iron rod blow to Mst. Farzana on left side of her forehead, for that the present case was registered.

2. The applicant on having been refused Pre-Arrest bail by learned Additional Sessions Judge, Daharki, 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 more than 02 months, such delay having not been explained plausibly could not be over looked. The parties are already disputed with each other; the very case on consecutive investigation was recommend by the police to be cancelled under “C” class; co-accused Asif alias Asif Ali and two others have already been admitted to bail by learned trial Court; the case has finally been challaned; 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 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.