ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-385 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

 

01.11.2021

 

                        Mr. Shahzado Sodhar, Advocate for the applicant.

                        Mr. Abdul Sattar Janwari, Advocate for the complainant.

Mr. Abdul Ghaffar, Assistant Prosecutor General for State.

 

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IRSHAD ALI SHAH - J;- It is alleged that applicant with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, caused fire shot and danda injuries to complainant Rahib Ali, PWs Nazir Ahmed, Ghulam Qadir, Adam, Khadim and Wazir, with intention to commit their murder and then went away by insulting them, for that the present case was registered.

                        The applicant on having been refused pre-arrest bail by learned           1st Additional Sessions Judge, Mehar, has 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 applicant that the applicant being innocent has been involved in this case falsely by the complainant party, as he is complainant in cross murder case; the FIR of the incident has been lodged with delay of about three days and the injury attributed to the applicant which is sustained by PW Adam is not on vital part of his body, therefore, the applicant is entitled to grant of pre-arrest bail, as he is apprehending his unjustified arrest at the hands of police.

                        Learned Assistant Prosecutor General for the State and learned counsel for the complainant have opposed to grant of pre-arrest bail to the applicants by contending that he has actively participated in commission of the incident by causing fire shot injury to PW Adam with intention to commit his murder.

                        I have considered the above arguments and perused the record.

                        The FIR of the incident has been lodged with delay of about three days and such delay having not been explained plausibly could not be overlooked. The applicant is alleged to have caused fire shot injury to PW Adam on his left hand which is not vital part of his body. There is cross version of the incident. Co-accused Hubdar, Muhammad Nawaz and Gulbahar have already been admitted to pre-arrest bail by learned trial Court. The parties are already disputed. In these circumstances, a case for grant of pre-arrest bail on point of malafide in favour of the applicant obviously is made out.

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

                        The instant bail application is disposed of accordingly.

 

J U D G E