IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

1st Cr. Bail Application No. S-355 of 2023

Applicant(s):                                     1. Abdullah Golo,

                                                            2. Aijaz Ali Golo

                                                            3. Altaf Golo

Through Mr. Zafar Ali Malgani,  

Advocate,

The State:                                          Through Ali Anwar Kandhro,

                                                            Additional Prosecutor General, Sindh.

Date of hearing:                               02-08-2023

Date of order:                                   02-08-2023

O R D E R

AMJAD ALI SAHITO, J:-   Through instant criminal bail application, the applicants seek pre-arrest bail in Crime No.67/2023, registered at Police Station A-Section Thull under sections 457, 380, 506/2 PPC.

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

3.         Per learned counsel, the applicant/accused is innocent and he has been falsely implicated in this case due matrimonial affairs; that infact complainant Barkat Ali is nearest relative/ paternal cousin of the applicant/accused otherwise no offence has been committed by the applicant/accused.

4.         Learned Additional Prosecutor General, raised no objection to the confirmation of bail.

5.         From the perusal of record, it reflects that one Barkat Ali lodged FIR against the applicant/accused that they have committed theft in his house. Per learned counsel the complainant Barkat Ali nearest relative / paternal cousin of applicant/accused however, due to matrimonial affairs applicant/accused has been involved in this case, otherwise no offence has been committed by the applicant/accused. For grant of pre pre-arrest bail malafide is essential to be proved on the part of complainant which has been shown. Furthermore, offence with which the applicants are charged does not fall within the prohibitory clause of section 497 Cr.PC. Accused is attending the trial court and there is no allegation of misusing the concession of bail against them. As such applicants/accused have made out case for confirmation of pre-arrest bail. Resultantly, instant criminal bail application is allowed. Interim pre-arrest bail already granted to the applicants/accused vide order dated 03.07.2023 is confirmed on same terms and conditions.

                                                                                                            J U D G E

S.Ashfaq