ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Bail. Appln. No. S – 57 of 2018

Date Order with Signature of Hon’ble Judge

For hearing of bail application

1. For orders on office objection at flag ‘A’

2. For hearing of bail application

25.3.2019

Mr. Noor Ahmed Chadhar Advocate for the Applicants

Mr. Iftikhar Ali Arain Advocate for the complainant

Syed Sardar Ali Shah, DPG for the State

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Irshad Ali Shah, J; It is alleged that the present applicants robbed complainant Mst. Bhirai of her 37 He and She-Goats for that they were booked in the present case.

2. The applicants on having been refused pre-arrest bail by learned Additional Sessions Judge Ubauro, have sought for the same from this Court by way of instant bail application u/s 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 by the complainant party in order to settle her matrimonial dispute with them, there is delay of five months in lodgment of the FIR; the 161 Cr.P.C statements of the P.Ws have been recorded with further delay of six days to FIR. By contending so, he sought for pre-arrest bail for the applicants on the point of malafide.

4. Learned DPG for the State and learned counsel for the complainant have opposed for grant of pre-arrest bail to the applicants by contending that they have committed heinous offences.

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

6. There is delay of five months in lodgment of the FIR same could not be lost sight of; the 161 Cr.P.C statements of the P.Ws have been recorded by police with further delay of six days to the FIR which appears to be strange; the complainant has not been able to produce any document which may prove her ownership over the robbed He and She‑Goats; parties are already disputed over matrimonial affairs. In these circumstances, the applicants are found to be entitled to grant of pre-arrest bail on point of malafide.

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