ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Crl.B.A.No.S-375 of 2024
(Mahi Khan Shar vs. The State)
DATE ORDER WITH SIGNATURE OF JUDGE
For the hearing of the bail application.
01.08.2024.
Mr. Abdul Hameed Mangi, Advocate for the applicant.
Complainant in person.
Mr. Aitbar Ali Bullo, D.P.G for the State.
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IRSHAD ALI SHAH, J.- It is alleged that the applicant with the rest of the culprits, after having formed an unlawful assembly and in the prosecution of its common object fired and killed Bilawal and then went away by making aerial firing and threatening complainant Mst.Husna Khatoon and her witnesses of murder, for which the present case was registered.
2. The applicant having been refused pre-arrest bail by learned 1st Additional Sessions Judge/MCTC, Shikarpur, 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.
4. Heard arguments and perused the record.
5. The offence is compoundable one. The complainant, PWs Mst.Heer Khatoon, Imran Ali and Ali Gul who happened to be father of the deceased have recorded no objection to the grant of pre-arrest bail to the applicant by filing their respective affidavits. 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 mala fide.
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