ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-198 of 2023

(Changez Khan and others Vs. The State.)

 

DATE                           ORDER WITH SIGNATURE OF JUDGE

 

 

For hearing of bail application.

 

11.05.2023.

 

Mr. Ashfaque Hussain Abro, Advocate for applicants.

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

                                                 -.-.-.-.-.-.-.-.-.-

 

IRSHAD ALI SHAH, J.- It is alleged that the applicants with rest of the culprits, in furtherance of their common intention, hold a Jirga whereby they decided a murder case, for that the present case was registered.     On having been refused pre-arrest bail by learned 1st Additional Sessions Judge, Jacobabad, the applicants have sought for the same from this Court by way of instant application u/s. 498 Cr.PC.

 

2.        It is contended by learned counsel for the applicants that the applicants being innocent have been involved in this case falsely by the police at the instance of their political rivals, otherwise they have nothing to do with the alleged incident; therefore, they are entitled to be admitted to pre-arrest bail on point of malafide, which is not opposed by learned D.P.G for the State. 

 

 

3.        Heard arguments and perused the record.

4.        Complainant Ghulam Ali is not an eye witness to the incident; he being police official has lodged FIR of the incident on behalf of the State with delay of 02 days, that too on the basis of video clipping which allegedly was made viral on social media by some unknown person; the offence alleged against the applicants is not falling within the prohibitory clause; the applicants have alleged their involvement in present case on the basis of political rivalry; they have joined the trial and there is no allegation of misusing the concession of interim pre-arrest bail on their part. In these circumstances, a case for grant of pre-arrest bail to the applicants on point of further inquiry and malafide is made out.

 

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

 

6.        The instant bail application is disposed of accordingly.

                                                                                                       JUDGE