IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-273 of 2018

Applicant:                                         Ganhwar Khan son of Gul Muhammad,

                                                            Through Mr.Habibullah Ghouri, Advocate

Respondent:                                    Through Mr.Raja Imtiaz Ali Solangi                                                                  A.P.G and Mr.Abdul Rasheed Abro,

Assistant Attorney General.  

Date of hearing       :                       23.07.2018             

Date of order          :                       23.07.2018

O R D E R

IRSHAD ALI SHAH, J.- It is alleged that the applicant with rest of the culprit were found generating electricity through a generator which they were running on the gas connection, which they acquired illegally, for that the present case was registered against them.

2.                    On having been refused pre-arrest bail by learned trial Court, the applicant has sought for the same from this Court by way of instant application under section 498 Cr.PC.

3.                    It is contended by learned counsel for the applicant that he being innocent has been involved in this case falsely by the complainant party, he has nothing to do with the generator or generation of the electricity through it, there is no mashirnama of deduction of illegal gas connection and there is no independent witness to the incident. By contending so, he sought for pre-arrest bail for the applicant as according to him, he is apprehending unjustified arrest at the hands of police.

4.                    Learned A.P.G and learned A.A.G have opposed to grant of pre-arrest bail to the applicant by contending that he has been found committing theft of sui-gas for generating electricity.

5.                    I have considered the above arguments and perused the record.

6.                    There is no independent witness to the incident; there is no mashirnama of deduction of illegal gas supply to the generator whereby the electricity was being generated; nothing has been brought on record which may show that the applicant is owner of the generator or the house where it was kept for generating the electricity. In these circumstances, it is rightly being contended by learned counsel for the applicant that he is found entitled to be admitted to pre-arrest bail, as he is apprehending his unjustified arrest at the hands of police.

7.                   In view of above, the interim pre-arrest bail already granted to the applicant is confirmed on same terms and conditions.  

8.                    The instant application is disposed of accordingly.

                             J U D G E