ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-183 of 2023

(Muhammad Hussain Vs. The State.)

DATE                           ORDER WITH SIGNATURE OF JUDGE

For hearing of bail application.

08.05.2023.

Mr. Aftab Ahmed Channa, Advocate for applicant.

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

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IRSHAD ALI SHAH, J.- It is alleged that the applicant by practicing fraud and cheating, declared him to be an officer of Local Government; on coming to know of such activities, he with rest of the culprits, in  furtherance of their common intention, fired at complainant Qaisar Ali and his witnesses, with intention to commit their murder and then went away by making aerial firing to create harassment; for that the present case was registered. On having been refused pre-arrest bail by learned Incharge Sessions Judge, Kashmore @ Kandhkot, 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 with delay of about 10 hours; such delay having not been explained plausibly could not be overlooked. The firing proved to be ineffective. The complainant party obviously was having grudge on posting of the applicant. 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