ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-149 of 2023

(Aijaz @ Aijaz Ali Vs. The State.)

DATE                           ORDER WITH SIGNATURE OF JUDGE

For hearing of bail application.

11.05.2023.

Mr. Abdul Hakeem Brohi, Advocate for applicant.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

  -.-.-.-.-.-.-.-.-.-

IRSHAD ALI SHAH, J.- It is alleged that the applicant with rest of the culprits, in furtherance of their common intention, committed murder of his wife Mst.Umeran, by strangulating her throat, for that the present case was registered. On having been refused pre-arrest bail by learned Additional Sessions Judge, Ratodero, the applicant has sought for the same from this Court by way of instant application u/s. 498 Cr.PC.

2.        Heard arguments and perused the record.

3.        The FIR of the incident has been lodged by ASI Sodho Khan on behalf of the State that too with delay of about six hours; such delay could not be overlooked. The identity of the applicant at night time under the light of police mobile is appearing to be weak piece of evidence. Mst.Khair Bibi who happened to be mother of the deceased and PW Muhammad Ismail by filing their affidavits have recorded no objection to grant of pre-arrest bail to the applicant by stating therein that he is involved in the present case by police malafidely. 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 to the applicant on point of further inquiry and malafide is made out.

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

5.        The instant bail application is disposed of accordingly.

JUDGE