ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-397 of 2020

Date of hearing

Order with signature of Judge

                                    For hearing of bail application.

24.09.2020.

Mr. Shah Jahan Mirani, Advocate for the applicant

Complainant Muhammad Ismail 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 culprits, after having formed an unlawful assembly and in prosecution of their common object, by committing trespass into house of complainant Muhammad Ismail, caused kicks, fists, lathi and fire shot injuries to PWs Mst.Shaheena, Majid Ali, Babu, Amjad, Fayaz Ahmed, Shafi Muhammad and Mehtab, with intention to commit their murder, for that the present case was registered.

2.        The applicant, on having been refused pre-arrest bail by learned Sessions Judge, Kashmore @ Kandhkot, has sought for the same from this Court by way of instant bail application u/s.498 Cr.PC.

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 matrimonial dispute with him and the offence alleged against the applicant is not falling within the prohibitory clause. 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 who is assisted by the complainant has recorded no objection to grant of pre-arrest bail to the applicant by contending that the parties have settled their dispute outside the Court.

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

6.        The FIR of the incident has been lodged with delay of about  15 ½ hours while 161 Cr.PC statements of the PWs have recorded with delay of five days to the incident, such delay could not be overlooked. The parties are already disputed over the matrimonial affairs and they as per learned D.P.G for the State have settled their dispute outside the Court. In that situation, a case for grant of pre-arrest bail to the applicant on point of malafide is made out.

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

8.        The instant bail application is disposed of accordingly.

 J U D G E