ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-185 of 2023

(Ghulam Sarwar and others Vs. The State.)

 

DATE                           ORDER WITH SIGNATURE OF JUDGE

 

 

For hearing of bail application.

 

11.05.2023.

 

Mr. Saeed Ahmed Panhwar, Advocate for applicants.

Complainant Mst.Razia Khatoon in person

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, after having formed an unlawful assembly and in prosecution of its common object, by committing trespass into house of complainant Mst.Razia Khatoon, threatened her and her witnesses to be killed and then went away by insulting them and making aerial firing to create harassment, for that the present case was registered. On having been refused pre-arrest bail by learned 4th Additional Sessions Judge, Larkana, 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 and the complainant by filing her affidavit has recorded no objection to grant of bail to them, therefore, they are entitled to be admitted to pre-arrest bail, which is not opposed by learned D.P.G for the State and complainant in person.

 

3.        Heard arguments and perused the record.

4.        The FIR of the incident has been lodged with delay of 02 hours; such delay having not been explained plausibly could not be overlooked. The offence alleged against the applicants is not falling within prohibitory clause. The parties are already disputed over Karap. The case has finally been challaned. The applicants 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