ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Cr.  Bail   Appln.  No.S-415   of   2014

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

08.12.2014.

1. For orders on office objection.

2. For Hearing.

Mr. Bashir Ahmed Dargahi, advocate for the applicants, alongwith the applicants.

Mr. Imtiaz Ali Jalbani, Asst. Prosecutor General.

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                   Applicants/accused Arbelo, Khuda Bux, Murtaza, Deedar Ali and Nazir Ahmed, are present on interim pre-arrest bail granted to them by this Court vide order dated 23.9.2014.  Today, this bail application is fixed for confirmation or otherwise.

                   The allegation against the applicants/accused in the F.I.R. is that on alleged date, time and place, mentioned in the F.I.R., the applicants/accused being armed with weapons came at alleged place of incident and committed theft of 25 maunds of fish.

                   Heard Mr. Bashir Ahmed Dargahi, learned Counsel for the applicants/accused, Mr. Imtiaz Ali Jalbani, learned Assistant Prosecutor General and perused the record.

                   Learned Counsel for the applicants/accused contends that the applicants are innocent; they have been implicated in this case with malafide intention and ulterior motives; that F.I.R. is delayed for 29 hours without furnishing plausible explanation; that there is civil dispute between the parties; that there are counter cases between the parties in respect of the same incident.  Per learned Counsel, the alleged offences do not fall within prohibitory clause of Section 497, Cr.P.C.  Learned Counsel further submits that the parties have compromised with each other outside the Court and the charge has been framed, therefore, under these circumstances he has prayed for confirmation of interim pre-arrest bail already granted to the applicants/accused.

                   Learned Assistant Prosecutor General under the aforementioned facts and circumstances did not oppose the bail application.

                   Since the applicants/accused have been involved in a case registered under Section 382, PPC, which under the law is punishable for a term which may extend to 10 years and shall also be liable to fine.  Since the maximum punishment has been provided, therefore, the lesser punishment may be considered.  The parties have compromised outside the Court.  Admittedly, there is a civil dispute between the parties, therefore, false implication of the applicants/accused cannot be ruled out.  Moreover, the F.I.R. is delayed by 29 hours, for which no plausible explanation has been furnished.  Learned APG has already given his no objection.  Under these circumstances, the applicants/accused have made out a case for confirmation of their pre-arrest bail.  I accordingly in view of the no objection confirm the interim order dated 23.9.2014 on the same terms and conditions, with directions to the applicants/accused to appear before the trial Court to face trial.

                   The bail application stands disposed of in the above terms.

                                                                                                JUDGE