ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Crl.B.A.No.S-293 of 2024
(Deedar Ali &another vs. The State)
DATE ORDER WITH SIGNATURE OF JUDGE
For the hearing of the bail application.
25.07.2024.
Mr. Riaz Hussain Khoso, Advocate for the applicants.
Mr. Mazhar Ali Mangan, Advocate for the complainant.
Mr. Shewak Rathore, D.P.G for the State.
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IRSHAD ALI SHAH, J.- It is alleged that the applicants with the rest of the culprits by using criminal force, besides abducting PW Ahmed Bux took away the registration book and other belongings of complainant Imran Ali from his Car by putting him under threat of murder, for which the present case was registered.
2. The applicants having been refused pre-arrest bail by learned 1st Additional Sessions Judge, Larkana, have sought the same from this Court by way of instant application u/s. 498-A Cr. PC.
3. It is contended by learned counsel for the applicants that the applicants are innocent and have been involved in this case falsely by the complainant and the very case on the investigation has been recommended by the police to be canceled under “C” class, therefore, the applicants are entitled to be admitted to pre-arrest bail on point of malafide which is opposed by learned D.P.G for the State and learned counsel for the complainant by contending that the offence which the applicants have allegedly committed, is affecting the society at large.
4. Heard arguments and perused the record.
5. The FIR of the incident has been lodged with a delay of about 10 days that too after having recourse u/s.22-A/B Cr.PC; such delay could not be overlooked. The very case on the investigation has been recommended by the police to be canceled under “C” class; such an opinion of the police could not be lost sight of. The applicants have joined the trial and there is no allegation of misusing the concession of interim pre-arrest bail on their part, as such they are found entitled to be admitted to pre-arrest bail on the point of further inquiry and malafide.
6. Under the discussed circumstances, the interim pre-arrest bail already granted to the applicants is confirmed on the same terms and conditions.
7. The instant bail application is disposed of accordingly.
JUDGE