ORDER
SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.
743 of 2023
(Allah Bachayo Mir Bahar @ Bachayo versus The
State)
Date Order with signature of Judges
For hearing of bail application
20.06.2023
Mr.Hussain Bux Saryo and Ms. Sanam Nawaz advocates
for the applicant
Ms. Rubina Qadir, D.P.G for the State
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It
is alleged that the applicant with rest of the culprits in furtherance of their
common intention caused hatchet blow with its blunt side to complainant Dadu
and then went away by insulting and maltreating him, for that the present case
was registered. On refusal of pre-arrest bail by learned II-Additional Sessions
Judge, Thatta, the applicant has sought for the same from this Court by way of
instant bail Application under Section 498-A Cr.P.C.
It
is contended by learned counsel for the applicant that the applicant being
innocent has been involved in this case falsely by the complainant party in
order to satisfy with him its dispute over landed property; the FIR of the
incident has been lodged with delay of 02 months and offence alleged against
the applicant is not falling within prohibitory clause, therefore, the
applicant is entitled to be admitted to pre-arrest bail on point of malafide.
None
has come forward to advance arguments on behalf of the complainant. However,
learned DPG for the state has opposed to grant of pre-arrest bail to the
applicant by contending that he has caused hatchet blow with its blunt side to
the complainant.
Heard arguments and perused the record.
The
FIR of the incident has been lodged with delay of about 02 months, such delay
having not been explained plausibly could not be overlooked; co-accused Jaffar
and two others have already been admitted to bail by learned trial Court; the
offence alleged against the applicant is not falling within the prohibitory
clause; parties are said to be disputed over landed property; the case has
finally been challaned and there is no allegation of misusing the concession of
interim pre-arrest bail on the part of the applicant. In these circumstances, a
case for grant of pre-arrest bail to the applicant on the point of further
inquiry and malafide obviously is made out.
In
view of above, the interim pre-arrest bail already granted to the applicant is
confirmed on same terms and conditions.
Instant
bail application is disposed of accordingly.
J U D G E