ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-391 of 2020

Date of hearing

Order with signature of Judge

                                    For hearing of bail application.

10.09.2020

Mr. Muhammad Saleem Thebo, Advocate for applicant

                        Complainant Nazir Ahmed in person

Mr. Muhammad Noonari, Deputy Prosecutor General

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IRSHAD ALI SHAH, J.- It is alleged that  the applicant with rest of the culprit, in furtherance of their common intention, attempted to commit an natural offence with Irfan, who happened to be son of complainant Nazir Ahmed, for that the present case was registered.

2.        The applicant on having been refused pre-arrest bail by learned 1^st Additional Sessions Judge, Mehar, 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 police; the FIR of the incident has been lodged with delay of about fifteen days and no incident as alleged by the prosecution has taken place. By contending so, he sought for pre-arrest bail for the applicant on point of malafide and further enquiry.

4.        Learned D.P.G. for the State who is assisted by the complainant in person has recorded no objection to grant of bail to the applicant and an affidavit of the complainant to such effect has also been brought on the record.

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

6.        The FIR of the incident has been lodged with delay of about fifteen days; no incident of an natural offence has taken place.        Co-accused Shahmir alias Baggan has already been admitted to bail by learned trial Court. In these circumstances, a case for grant of bail to the applicant on the point of malafide and further inquiry is made out.

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

8.                    The instant bail application is disposed of accordingly.

                    J U D G E.