IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

 

 

Crl. Bail Application No.S-439 of 2025

 

    

DATE OF

HEARING

 

ORDER WITH SIGNATURE OF JUDGE

 

1.    For orders on O/objection at flag-A.

2.    For hearing of pre-arrest bail.

 

 

 

 

 

Date of hearing     25.09.2025.

 

 

Mr.Muhammad Raza Soomro, Advocate for applicants.

Mr. Allah Bux Leghari, Advocate for complainant.

Mr. Khalil Ahmed Maitlo, D.P.G for State.

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                                                O R D E R

 

          By way of pre-arrest bail application the applicants required pre-arrest bail in Crime No.23 of 2025 Police Station Faiz Gunj u/s 302, 337J PPC wherein they have specifically alleged to have caused the death of son of the complainant by abducting him and administering poison thereafter.

 

          Learned counsel for the applicants contends that there is Seven days delay in lodging of the FIR which was made out after due deliberation. He further contends that the applicants do not carry a criminal record. That the version is coming out in the FIR is neither reliable nor believable. That the description of clothing referred in the material is contradictory and in variance. That the fully prosecution has come-up with false allegation against the present applicants. That no overt act conducts of applicants can be shown after having obtained bail from the Courts. That the applicants are senior citizens and the applicants have made out a case of further inquiry on account of DNA report coming out negative which was made after much delay and in order to come-up with allegation of Sodomy against the present applicants as such in the larger interest of justice the present applicants being considered for bail. He relied upon case reported in 2025 YLR 1865.

          Learned counsel for the complainant however, contends that dead body was found from the place of the applicants. It is further contended that false allegations are being made on the victim of being an addict without any supporting material.

 

          Learned Deputy Prosecutor General contends that the applicants are charged against punishments which come within the ambit of prohibitory clause of Section 498 Cr.P.C. No material as to alleged malafide required has been brought-up. That the specific role assigned to the present applicants is supported by the Medical evidence alongwith statements of the eye witnesses. It is also contended that delay has properly been explained. It is not case of further inquiry. He relied upon cases reported in 2022 SCMR 640 and 2023 SCMR 1723.

 

          Having heard the counsels and gone through the record. The present pre-arrest bail application has been brought-up without any material as to the malafides which are required to be considered for an application of bail before arrest which is pre-requisite for entertainment of application u/s 498 Cr.P.C. The applicants apparently have been specifically nominated in the FIR wherein unnatural death has taken place. The unnatural dearth is supported by the medical evidence in the said circumstances where the present applicants have been directly nominated at present there is no material found available to not to connect them with the alleged incident. In the said circumstances bail application of the applicant stands dismissed being not maintainable. The order dated 23.05.2025 whereby interim bail was granted to the applicants is hereby recalled.

 

 

          Needless to mention here that observation as above are tentative in nature and not meant to affect merits of the case before the learned trial Court.

Bail application stands disposed of in the above terms.

 

                                                                                      J U D G E

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ihsan/PS.