ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S-616 of 2023

(Saleh Muhammad Bhutoo & another Vs. The State)

For hearing of Bail Application.

03-11-2023.

Mr. Mushtaque Ahmed Solangi, advocate for the applicants.

Mr. Shafi Muhammad Mahar, Deputy P.G for the State.

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Irshad Ali Shah, J;- It is alleged that the applicants with rest of the culprits in furtherance of their common intention by making trespass into house of complainant Abdul Karim, caused lathi and iron rod blows to PW Ayaz Muhammad and then went away by making fires at the complainant with intention to commit his murder, for that the present case was registered.

2. The applicants on having been refused pre-arrest bail by learned Additional Sessions Judge, Daharki, have sought for the same from this Court by way of instant Bail Application under Section 498-A Cr.P.C.

3. It is contended by learned counsel for the applicants that applicants being innocent have been involved in this case falsely by the complainant party in order to satisfy with them its dispute over property; therefore, they are entitled to be admitted to pre-arrest bail, which is not opposed by learned DPG for the State.

4. Heard arguments and perused the record.

5. The FIR of the incident has been lodged with delay of more than one month; such delay having not been explained plausibly could not be over looked; the fire allegedly made at the complainant proved to be in effective; the injuries sustained by the injured are not falling within the prohibitory clause; the parties are already disputed over property; 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 bail to the applicants on point of further inquiry obviously is made out.

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

7. The instant Crl. Bail Application is disposed of accordingly.

Judge

Nasim/P.A