ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No. S – 31 of 2020

Date Order with Signature of Hon’ble Judge

For hearing of Bail Application

29.06.2020

M/s Sundar Khan Chachar and Aamir Mustaf Kamario Advocates for the Applicants

Mr. Abdul Rahman Kolachi, DPG for the State

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Irshad Ali Shah J; It is alleged that the applicants with rest of the culprits in furtherance of their common intention misappropriated the public funds of Irrigation department by misusing their authority, on account of rehabilitation of canals / Feeders / water courses, for that the present case was registered.

2. The applicants on having been refused pre-arrest bail by learned Special Judge, Anti-Corruption (Provincial) Sukkur Division @ Sukkur, have sought for the same from this Court by way of instant application under section 498 Cr.P.C.

3. It is contended by learned counsel for the applicants that the applicants being innocent have been involved in this case falsely; the FIR has been lodged with delay of about six years; the offence alleged against the applicants is not falling within prohibitory clause of Section 497 (2) Cr.P.C; and the very FIR on investigation has been recommended by the police to be cancelled under ‘C’ class. By contending so, they sought for grant of pre-arrest bail to the applicants on point of further inquiry and malafide.

4. Learned D.P.G. for the State has opposed to grant of pre-arrest bail to the applicants, however, he was fair enough to admit that the very FIR has been recommended by the police to be cancelled under ‘C’ class.

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

6. The FIR of the incident has been lodged with delay of about six years, such delay could not be overlooked; the offence alleged against the applicants is not falling within the prohibitory clause of Section 497(2) Cr.P.C and the very FIR on investigation has been recommended by the police to be cancelled under ‘C’ class. In these circumstances, it is rightly being contended by the learned counsel for the applicants that the applicants are 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 applicants is confirmed on same terms and conditions.

8. Instant Criminal Bail Application is disposed of accordingly.

Judge

ARBROHI