ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Bail. Appln. No. S – 120 of 2019

 

Date                                                   Order with Signature of Hon’ble Judge

 

For hearing of bail application

 

25.3.2019

Mr. Irshad Hussain Dharejo Advocate for the Applicants

Mr. Sohail Ahmed Khoso Advocate for the complainant

Syed Sardar Ali Shah, DPG for the State

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Irshad Ali Shah, J;  It is alleged that applicants after having formed an unlawful assembly and in prosecution of their common object committed Qatl-e-amd of Mst. Walan by strangulating her throat and then in order to save themselves from legal consequences put an attempt to give it cover of suicide  for that the present case was registered.

2.                     On having been refused pre-arrest bail by learned 1st Additional Sessions Judge Khairpur, the applicants have sought for the same from this Court by way of instant application u/s 498-A Cr.P.C.

3.                     It is contended by learned counsel for the applicants that the applicants being innocent have been involved in this case falsely by the complainant party in order to grab the landed property which the deceased was going to inherit from her late husband and to satisfy their matrimonial dispute with them; the deceased has committed suicide and applicants on very fair investigation have been found to be innocent by the police. By contending so, he sought for grant of pre-arrest bail for the applicants on point of  malafide.

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

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

6.                     The FIR of the incident has been lodged with delay of one day. If for the sake of arguments, it is believed that the applicants were found strangulating the throat of the deceased then the complainant party was having every right to have prevented them from doing so timely. It was not done by them for no obvious reason, which appears to be strange, the applicants on very fair investigation have been found to be innocent by the police, the parties it is said are already disputed over matrimonial affairs and landed property. In that situation, the applicants are found to be entitled to grant of pre-arrest bail on point of mala fide.

7.                     In case of Ghulam Rasool vs. The State and 04 others                    (1982 SCMR 440), it has been held by Honourable Apex Court that;

“Sufficient weight is to be attached to the result of investigating officer—Bail, held rightly allowed-Cancellation of bail declined.”

 

8.                    In view of above, interim pre-arrest bail already granted to the applicants is confirmed on same terms and conditions. The applicant Gul Muhammad is absent under intimation, he to be informed of this order by the co-applicants.

9.                     Instant Criminal Bail Application is disposed of in above terms.

 

Judge

 

 

ARBROHI