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