ORDER SHEET
IN THE HIGH COURT OF
SINDH, BENCH AT SUKKUR
Cr. Bail. Appln. No.S- 429 of 2018
For hearing
of bail application
1. For orders on office objection at flag ‘A’
2. For hearing of main case
(Notice
issued)
14.01.2019
Mr.
Shamsuddin N.Kobhar
Advocate for the Applicants
Mr. Asif
Ali Shaikh Advocate for the complainant
Syed
Sardar Ali Shah Rizvi, DPG for the State
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Irshad Ali Shah, J;- It is alleged that the applicants
with rest of the culprits after keeping complainant Karamullah
under fear of death robbed him of his belonging by causing him hatchet, lathies and butt blows and then went away by making aerial
firing to create harassment for that the present case was registered.
2. The applicants on having been refused
pre-arrest bail by learned 3rd Additional Sessions Judge Sukkur,
have sought for the same from this Court by way of instant bail application
under Section 498-A Cr.P.C.
3. It is contended by learned counsel for
the applicants that applicants being innocent have been involved in this case
falsely and malafidely by the complainant party,
there is delay of one day in lodgment of the FIR, the identity of the
applicants on the torch light is a weak piece of evidence, no specific injury
to the complainant is attributed to the applicants. By contending so, he sought
for pre-arrest bail for the applicants as they according to him are
apprehending unjustified arrest at the hands of the police which is motivated
by the complainant party.
4. Learned DPG for the State and learned
counsel for the complainant have opposed to grant of pre-arrest bail to the
applicants by contending that they have actively participated in commission of
incident.
5. I have considered the above arguments
and perused the record.
6. Admittedly there is delay of one day in
lodgment of the FIR; such delay being unplausible
could not be lost sight of. The identity of the applicants under the light of
torch is appearing to be a weak piece of evidence. No specific injury to the
complainant is attributed to any of the applicants. In these circumstances, it
is rightly being contended by learned counsel for the applicants that they are
apprehending unjustified arrest at the hands of the police at the instance of
complainant party.
7. In view of above, interim pre-arrest
bail already granted to the applicants is confirmed on same terms and
conditions.
8. Instant Cr. Bail Application is disposed
of in above terms.
Judge
ARBROHI