ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-620 of 2020.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

18.10.2021

                        M/S. Ali Nawaz Ghanghro & Muhammad Hashim Soomro,

Advocate(s) for the applicants.

Mr. Ali Anwar Kandhro, Addl. Prosecutor General for the State.

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IRSHAD ALI SHAH - J;- The facts in brief necessary for disposal of instant bail application are that Mst.Um-e-Kalsoom was murdered allegedly by accused Muhammad Yousif and others, complainant Roshan Ali approached the police to lodge FIR of the above incident, but it was not recorded by the police, subsequently, in order to favour the real culprits of the incident, it was recorded by the police on behalf of the State. Consequent upon above, one Sartaj Ahmed who happened to be brother of complainant Roshan Ali lodged FIR of the above incident with the police, after having recourse under section 22-A & B Cr.PC, during course of investigation, the applicants being police officials allegedly demanded Rs.220,000/- as bribe for fair investigation of the said case, Rs.120,000/- were allegedly paid to them by the complainant party, while remaining Rs.100,000/- was to be paid later-on. PC Muhammad Ali was then deputed by the applicants to collect the above said bribe money from the complainant party, when it was paid to him, he was apprehended by the Anti-Corruption Police,    on account of registration of FIR of the present case.

                        The applicants on having been refused pre-arrest bail by learned Special Judge Anti-Corruption (Provincial) Larkana, have sought for the same from this Court by way of instant application under section 498-A Cr.PC.

                        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 only to get favour from them in a criminal case relating to murder of Mst.Um-e-Kalsoom, otherwise they have nothing to do with the alleged demand and payment of bribe and the offence even otherwise is not falling within the prohibitory clause; therefore, the applicants are entitled to grant of pre-arrest bail, as they are apprehending their unjustified arrest. In support of their contentions, they have relied upon case of Meeran Bux Vs. The State and another (PLD 1989 Supreme Court-347).

                        Learned Additional Prosecutor General for the State has opposed to grant of pre-arrest bail to the applicants by contending that they have committed the offence which is affecting the society at large.

                        I have considered the above arguments and perused the record.

                        The applicants are the police officials and were involved in investigation of murder case. No trap money was secured from the applicants. Co-accused Saeed Ahmed has already been let-off by the police finding him to be innocent. The offence alleged against the applicants is not falling within the prohibitory clause. The case has finally been challaned. The applicants have joined the trial. The concession of pre-arrest bail has not been misused by the applicants. In these circumstances, it would be unjustified to deny the concession of pre-arrest bail to the applicants particularly when they are claiming to have been involved in this case falsely by the complainant party on account of fair investigation of murder case.

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

                        The instant bail application is disposed off accordingly.

J U D G E