ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Crl.B.A.No.S-381 of 2024 &
Crl.B.A.No.S-373 of 2024
(Zulfiqar Ali Jeho vs. The State)
(Riaz Hussain and Ors vs. The State).
DATE ORDER WITH SIGNATURE OF JUDGE
For the hearing of the bail application.
01.08.2024.
Mr. Allah Bux Jatoi, Advocate for the applicants.
Mr. Aitbar Ali Bullo, 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, after having formed an unlawful assembly and in the prosecution of its common object, besides making encroachment over the landed property of complainant Mst.Beebul Khatoon, took away her gold ornaments from her house, for which the present case was registered.
2. The applicants having been refused pre-arrest bail by learned Additional Sessions Judge, Ratodero, have sought the same from this Court by making two separate applications u/s. 498-A Cr. PC.
3. Heard arguments and perused the record.
4. The FIR of the incident has been lodged with a delay of about one year; such delay could not be overlooked. There is a dispute between the parties over the inheritance of the property. Nothing has been brought on record that may suggest ownership of the complainant over the alleged stolen ornaments. There is no allegation of misusing the concession of interim pre-arrest bail on the part of the applicants. In these circumstances, the applicants are found entitled to be admitted to pre-arrest bail on the point of further inquiry and malafide.
5. Under the discussed circumstances, the interim pre-arrest bail already granted to the applicants is confirmed on the same terms and conditions.
6. Both the applications are disposed of accordingly.
JUDGE