ORDER SHEET
IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR
Crl. Bail
Application No. S 297 of 2020
Date Order with Signature of
Honble 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