IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Cr. Bail Appln. No.S-394   of  2023

 

 

Gulab Khan Golato

Vs

The State

 

 

Applicant           :   Through Mr. Ashfaque Hussain Abro Advocate.

 

 

State                 :   Through Mr. Ali Anwar Kandhro, Additional

                              Prosecutor General. 

 

 

 

Date of hearing      :  03.08.2023.

Date of Decision    :  03.08.2023.

 

O R D E R.

                        Applicant Gulab Khan son of Wahid Bux Golato seeks pre-arrest bail in Crime No.115/2023, registered at Police Station Kashmore, District Kashmore at Kandhkot, for offence under Sections 447, 448, 337-A(i), 337-F(i), 506/2, 452, 427, 147, 148, 149, PPC.

            2.         The details and particulars of the FIR are already available in the bail application and crime report, same could be gathered from the copy of FIR attached with the bail application, hence needs not to reproduce the same hereunder.

            3.         Per learned Counsel that the applicant/accused is innocent, has falsely been implicated in this case; that the FIR is delayed for about 02 days; that the complainant belongs to qabza mafia and he has been falsely implicated due to the enmity. He further pleaded that the case has been challaned, hence the applicant/accused is no more required for further investigation.

            4.         On the other hand, learned Addl. P.G. vehemently opposed for grant of bail.

            5.         Heard learned Counsel and perused the record.

            6.         Admittedly, all sections are bailable, except 506/2 and 452, PPC. It is yet to be seen whether applicant/accused has issued threats of murder or not when the evidence will be recorded. The applicant during pendency of this bail application has not misused the concession of interim pre-arrest bail and is regularly attending the Court, he is no more required for further investigation.  Learned Counsel for the applicant pleaded malafide on the part of the complainant that due to previous enmity the applicant/accused has been booked in this case. Learned Counsel for the applicant/accused has made out a case for grant of pre-arrest bail.

            7.         In view of above, the instant bail application is allowed. Interim pre-arrest bail already granted to the applicant/accused is hereby confirmed on the same terms and conditions.

 

                                                                                                JUDGE

 

 

 

 

Qazi Tahir PA/*