ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Bail Application No. S – 231 of 2019

Date Order with Signature of Hon’ble Judge

For hearing of bail application

20-05-2019

Mr. Mansoor Hussain Maitlo advocate for applicant.

Complainant Sher Muhammad in person.

Mr. Syed Sardar Ali Shah Rizvi, DPG

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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 by committing trespass into house of complainant Sher Muhammad, caused him, his wife Mst. Rasheeda and his son Khan Muhammad lathi blows and then went away by insulting them, for that the present case was registered.

2. The applicant on having been refused pre-arrest bail by learned Additional Sessions Judge Ubauro has sought for the same from this Court by way of instant application under section 498-A Cr.PC.

3. It is contended by learned counsel for the applicant that applicant being innocent has been involved in this case falsely by the complainant to satisfy his enmity with the applicant on account of filing of FIR No. 54/2019 with PS Ubauro; the FIR has been lodged with delay of two days; offence is not falling within prohibitory clause and co-accused Mehboob Ali and seven others have already been admitted to bail by learned trial Court. By contending so, he sought for pre-arrest for the applicant on point of malafidely.

4. Learned DPG for the State who is assisted by the complainant has opposed to grant of pre-arrest bail to the applicant by contending that he has participated in commission of the incident actively by causing lathi blows to the complainant.

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

6. The FIR has been lodged with delay of two days, which has not been explained plausibly, such delay could not be over looked. Offence is not falling within the prohibitory clause of section 497 CrPC, co-accused Mehboob Ali and seven others have already been admitted to bail by learned trial Court; the parties are already disputed and case has finally been challaned. In that situation, it is rightly being contended by learned counsel for the applicant that applicant is entitled for grant of pre-arrest bail on point of malafide.

7. In view of the above, the interim pre-arrest bail already granted to the applicant is confirmed on same terms and conditions.

The instant application is disposed of in the above terms.

Judge

Nasim/P.A