ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No. S – 297 of 2020

 

Date                                       Order with Signature of Hon’ble Judge

 

For hearing of Bail Application

 

29.06.2020

            Mr. Zohaib-ur-Rehman  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 with rest of the culprits not only robbed complainant Irshad Ahmed and his witnesses of their belongings but maliciously insulted their religious feelings by saying that the ‘Sunis’ are ‘kafir’, for that the present case was registered.

2.        The applicant on having been refused pre-arrest bail by learned 3rd. Additional Sessions Judge, Khairpur, has sought for the same from this Court by way of instant application u/s 498-A Cr.P.C.

3.        It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant party in order to satisfy their religious dispute with him; the FIR has been lodged with delay of about five days and no active role in commission of the incident has been attributed to the applicant. By contending so, he sought for pre-arrest bail for the applicant on point of further inquiry and malafide.

4.        Learned D.P.G. for the State has recorded no objection to grant of bail to the applicant.

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

6.        The FIR of the incident has been lodged with delay of about five days, such delay having not been explained plausibly by the complainant could not be overlooked; no active role in commission of incident is attributed to the applicant and learned DPG for State has also recorded no objection to grant of bail to the applicant. In these circumstances, it is rightly being contended by the learned counsel for the applicant that the applicant 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 bail application is disposed of accordingly.

 

       Judge

 

ARBROHI