ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-363 of 2024

(Asghar Ali Tunio vs. The State)

DATE                           ORDER WITH SIGNATURE OF JUDGE

For the hearing of the bail application.

25.07.2024.

Mr. Aqeel Ahmed Bhutto, Advocate for the applicant.

Complainant Ali Asghar Khoso in person  

Mr. Shewak Rathore, D.P.G for the State.

  -.-.-.-.-.-.-.-.-.-

IRSHAD ALI SHAH, J.- It is alleged that the applicant with the rest of the culprits by way of maltreatment robbed complainant Ali Asghar of his cell phone and other belongings, for which the present case was registered.

2.        The applicant having been refused pre-arrest bail by learned Sessions Judge, Qamber-Shahdadkot @ Qamber, has 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 applicant that the applicant is innocent and has been involved in this case falsely by the police; therefore, he is entitled to be admitted to pre-arrest bail on point of malafide, which is not opposed by learned D.P.G for the State and the complainant in person by filing his affidavit.

4.        Heard arguments and perused the record.

5.        No document is produced by the complainant that may suggest his ownership over the robbed cell phone. There is no medical certificate concerning the injuries sustained by the complainant. 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, as such he is 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 applicant is confirmed on the same terms and conditions. 

7.        The instant bail application is disposed of accordingly.

JUDGE