IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-497 of 2018

Applicants            :                 Shafiq Ahmed and seven others

Through Mr.Abid Hussain Qadri,    Advocate

State                              :                  Through Mr.Aitbar Ali Bullo,  D.P.G.

Complainant Naeem Ahmed in person

Date of hearing   :                  26.11.2018          

Date of order      :                  26.11.2018

O R D E R

IRSHAD ALI SHAH, J.- It is alleged by complainant Naeem Ahmed that the applicants with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, caused lathies, hatchets and fire shot injuries to him and PWs Zulfiqar, Shahzeb Atta Muhammad, Aamir, Zia alias Zia-ul-Haq and Nadeem, with intention to commit their murder and then went away by making aerial firing to create harassment, in order to settle their dispute with them over fish pond, for that the present case was registered. 

2.                On having been refused pre-arrest bail by learned 2^nd Additional Sessions Judge, Qamber, the applicants have 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 applicants that the applicants being innocent have been involved in this case falsely by the complainant party by the police, there is delay of one day in lodgment of the FIR and more-so, complainant Naeem Ahmed now by filing his affidavit has recorded no objection to grant of bail to applicants. By contending so, he sought for pre-arrest bail for the applicants, as according to him they are apprehending their unjustified arrest at the hands of police.

4.                Learned D.P.G and the complainant in person have recorded no objection to grant of bail to the applicants by contending that the parties now have compounded the offence outside of the Court.

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

6.                Admittedly, the FIR of the incident has been lodged with delay of about one day; such delay could not be lost sight of. The parties are already disputed over fish pond. The offence is not falling within prohibitory clause of Section 497 (2) Cr.PC. The complainant now by filing his affidavit has recorded no objection for grant of bail to the applicants by stating therein that he has settled the dispute with the applicants outside of the Court. In these circumstances, it is rightly being contended by learned counsel for the applicants that the applicants are entitled to grant of pre-arrest bail, as they are apprehending their unjustified arrest at the hands of police.

7.                In case of Muhammad Najeeb vs. State (2009 SCMR-448), it has been held by Honourable Supreme Court of Pakistan that;

“complainant initially had nominated the accused in the FIR but later-on through an affidavit he has expressed his satisfaction with regard to innocence of the accused, the case of the accused was of further enquiry”.

8.                In view of facts and reasons discussed above, the interim pre-arrest bail already granted to applicants is confirmed on same terms and conditions.  

9.                The instant criminal bail application is disposed of accordingly.

                                                                            J U D G E