ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No. S – 82 of 2020

Date Order with Signature of Hon’ble Judge

For hearing of Bail Application

29.06.2020

Mr. Shabbir Ali Bozdar Advocate for the Applicant

Mr. Abdul Rahman Kolachi, DPG for the State

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Irshad Ali Shah J; It is alleged that the applicant mistakenly fired and killed his wife Mst. Shumaila Naz, for that the present case under Section 322 PPC was registered against him.

2. The applicant on having been refused pre-arrest bail by learned 3^rd. Additional Sessions Judge Mirpur Mathelo, has sought for the same from this Court by way of instant application under section 498 Cr.P.C.

3. It is contended by the learned counsel for the applicant the applicant being innocent has been involved in this case falsely by the complainant; the FIR has been lodged with delay of about one day; the very FIR on investigation was recommended by the police to be cancelled under ‘C’ class and Adil who happened to be one of the legal‑heir of the deceased has also filed his affidavit before this Court stating therein that his mother has committed suicide. By contending so, he sought for pre-arrest bail for the applicant on point of further inquiry and malafide. In support of his contention, he has relied upon the case of Yousuf Khan Vs. The State (2000 P Cr. L J 203)

4. Learned D.P.G. for the State has opposed to grant of pre-arrest bail to the applicant by contending that the case is fresh one.

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

6. The FIR of the incident has been lodged with delay of one day, such delay having not been explained plausibly could not be overlooked; the very FIR on investigation was recommended by the police to be cancelled under ‘C’ class and the offence alleged against the applicant is entailing the punishment of ‘Diyat’ only and no express provision of law existed to show that such punishment would attract the prohibitory clause of Section 497(2) Cr.P.C. Adil who is said to be one of the legal-heir of the deceased has also come before this Court with an assertion by filing an affidavit that her mother has committed suicide. In these circumstances, it is rightly being contended by the learned counsel for the applicant that he is entitled to grant of pre‑arrest bail on point of further inquiry and malafide.

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

8. Instant Criminal Bail Application is disposed of accordingly.

Judge

ARBROHI