ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-325 of 2020

 

Date of hearing

 

Order with signature of Judge

 

                                    For hearing of bail application.

07.08.2020.

 

                                Mr. Ashiq Ali Jatoi, Advocate for the applicants

            Mr. Abid Hussain Qadri, Advocate for the complainant

Mr. Muhammad Noonari, Deputy Prosecutor General

                                                ~.~.~.~.~.~.~.~.~.~.~

 

IRSHAD ALI SHAH, J.- It is alleged that the applicants with rest of the culprits attempted to commit unnatural offence with PW Sameer, for that the present case was registered.

2.        The applicants on having been refused pre-arrest bail by learned 1st Additional Sessions Judge, Shahdadkot, have sought for the same from this Court by way of instant bail 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 by the complainant party; the FIR has been lodged with delay of more than four months and no unnatural offence as alleged by the complainant party has taken place. By contending so, he sought       for pre-arrest bail for the applicants on point of further inquiry        and malafide.

4.        Learned D.P.G for the State has recorded no objection to grant of pre-arrest bail to the applicants, while learned counsel for the complainant has objected to grant of bail to the applicants by contending that the offence, which they have committed is affecting the society at large.

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

6.        It is case of mere attempt and FIR of the incident has been lodged with unexplained delay of more than four months and the same could not be overlooked. In that situation, it is rightly being contended by 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 applicants is confirmed on same terms and conditions.

8.        The instant bail application is disposed of accordingly.

 

                                                                                                             JUDGE