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