ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S-627 of 2022

(Shoukat Ali Arain Vs. The State.

1. For Orders on office objection.

2. For hearing of Bail Application

20-02-2023.

Mr. Abdul Mujeeb Shaikh, advocate for applicant.

Mr. Saeed Jamal Lund advocate for complainant.

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 by committing trespass into house of complainant Ghulam Abbas outrage the modesty of Mst. Noureen by showing her private parts and touching her body and then went away by threatening the complainant of murder 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 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 02 months, such delay having not been explained plausibly, could not be over looked; all the penal section applied in the FIR are bailable excepting section 506/2 PPC, it is not falling within prohibitory clause; the parties being related interse are disputed with each other on civil side; 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 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.