IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-388 of 2018

Applicant               :                Daim Khan s/o Muhammad Illyas Totani

Through Mr.Irfan Badar Abbasi, Advocate

Complainant       :                  Ghulam Hussain through

Mr.Abdul Sattar Hulio, Advocate

State                    :                  Through Mr.Raja Imtiaz Ali Solangi, A.P.G.

Date of hearing   :                  25.09.2018

Date of order      :                  25.09.2018

O R D E R

IRSHAD ALI SHAH, J.- It is alleged that the applicant with rest of the culprits, by committing trespass into house of complainant Ghulam Hussain, after keeping him and his witnesses under fear of death, abducted his sister-in-law Mst.Shazia, with her gold ornaments and cash as are detailed in FIR, for that the present case was registered.

2.                On having been refused pre-arrest bail by learned 3^rd Additional Sessions Judge, Larkana, the applicant has sought for the same from this Court by way of instant application u/s.498 Cr.PC.

3.                It is contended by learned counsel for the applicant that he being innocent has been involved in this case falsely by the complainant party only to satisfy their matrimonial dispute with him, there is unexplained delay of fifteen days in lodgment of the FIR, Mst.Shazia has married of her own accord with co-accused Muhammad Ashfaq after swearing free will statement, and more-so complainant Ghulam Hussain by filing his affidavit has raised no objection to grant of bail to the applicant. By contending so, he sought for pre-arrest bail for the applicant.

4.                Learned counsel for the complainant and learned A.P.G for the State have raised no objection for grant of bail to the applicant by contending that the parties have settled their dispute outside of the Court.

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

6.                The FIR of the incident has been lodged by complainant Ghulam Hussain with unexplained delay of about fifteen days, such delay could not be lost sight of, as it is reflects consultation. The parties are already disputed over matrimonial affairs. Mst.Shazia, the alleged abductee has married of her own accord with co-accused Muhammad Ashfaq after swearing free will statement. The complainant by filing his affidavit has also raised no objection to grant of bail to the applicant. In these circumstances, it is rightly being contended by learned counsel for the applicant that the applicant is entitled to grant of pre-arrest bail on point of malafide.

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

8.                The instant application is disposed of accordingly.

                                                                                             JUDGE