ORDER SHEET
IN THE HIGH COURT OF SINDH,
BENCH AT SUKKUR
Cr. Bail. Appln. No. S – 610 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
(Notice issued)
05.4.2019
Mr. J.K Jarwar
Advocate for the Applicant
Syed Sardar Ali Shah, DPG for
the State
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Irshad Ali Shah, J; It is alleged that the applicant with rest of the
culprits after having formed an unlawful assembly and in prosecution of their
common object during course of robbery caused kicks, fists and lathi blows to complainant Ashique
Ali when he insisted them to settle his accounts which he kept with him for
scheme relating to distribution of motorcycles, for that they were booked in
the present case.
2. The
applicant on having been refused pre-arrest bail by learned 1st Additional
Sessions Judge Naushahro Feroze, has 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 applicant that applicant being innocent has been involved in
this case falsely by the complainant party in order to settle his civil dispute
with him, the FIR has been lodged with delay of ten days and the very case on
investigation was recommended to be cancelled by the police under false ‘B’
class. By contending so, he sought for pre-arrest bail for the applicants on
the point of malafide.
4. Learned DPG for the State has
recorded no objection to grant of pre-arrest bail to the applicant.
5. I have considered the above
arguments and perused the record.
6. The FIR has been lodged with
delay of ten days, such delay having not been explained plausibly as such same could
not be lost sight of. The very case on investigation has been recommended by
the police to be disposed of under false ‘B’ class; the parties are disputed
over scheme for distribution of motorcycles, which obviously constitute an act
of malafide on the part of complainant to involve the
applicant in this case falsely.
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