ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-187 of 2023

(Ghulam Shabir and another Vs. The State.)

DATE                           ORDER WITH SIGNATURE OF JUDGE

For hearing of bail application.

08.05.2023.

Mr. Muhammad Bilal Bhutto, Advocate for applicants.

Mr. Saeed Ahmed Panhwar, Advocate for complainant.

Mr. Ali Anwar Kandhro, Addl.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, caused danda blows to complainant Muhammad Saleem and his witnesses and then went away by making aerial firing to create harassment and insulting the complainant party, for that the present case was registered. On having been refused pre-arrest bail by learned 4^th 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.        Heard arguments and perused the record.

3.        The FIR of the incident has been lodged with delay of 10 days; such delay having not been explained plausibly could not be overlooked; it is reflecting consultation and deliberation. The offence alleged against the applicants is not falling within prohibitory clause. The parties are disputed over the matrimonial affairs. More-so, complainant Muhammad Saleem by filing his affidavit has recorded no objection to grant of pre-arrest bail to the applicants by stating therein that he has compounded the offence with them. The case has finally been challaned 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.

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

5.        The instant bail application is disposed of accordingly.

JUDGE