IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-479 of 2018

Applicant               :                Yaseen Ali s/o Muhammad Salleh Bangwar

Through Mr.Mohsin Ali Khan Pathan, Advocate

State                    :                  Through Mr.Yasir Arafat, A.P.G.

Date of hearing   :                  05.10.2018

Date of order      :                  05.10.2018

O R D E R

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 using criminal force, caused kicks, fists and lathi blows to complainant Khuda Bux and then went away by issuing him threats of murder, for that the present case was registered.

2.                On having been refused pre-arrest bail by learned 1^st Additional Sessions Judge, Kandhkot, 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, there is delay of about nine days in lodgment of the FIR, the offence is not falling within the prohibitory clause, the parties admittedly are inimical with each other, the medical certificate so issued in favour of the complainant has lost its legal validity as it is kept in abeyance by medical board. By contending so, he sought for pre-arrest bail for the applicant as according to him he is apprehending his unjustified arrest.

4.                Learned A.P.G has opposed to grant of bail to the applicant by contending that the case is fresh one.

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

6.                There is delay of about nine days in lodgment of the FIR, same could not be lost sight of. The incident as per FIR took place on 03.06.2018, at about 07.00 p.m, but the complainant as per medical certificate reported his arrival at R.H.C Bakhshapur, on 03.06.2018, at about 01.00 p.m, at least six hours prior to the time of alleged incident, which appears to be significant. The medical certificate so issued in favour of the complainant as per medical board has lost its legal validity for the reason that it has been kept in abeyance. The parties admittedly are inimical with each other. In that situation, 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