ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-215 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. Ali Nawaz Ghanghro, Advocate for the applicants.

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

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IRSHAD ALI SHAH - J;- It is alleged that the applicants with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object, caused hatchet and lathi blows to complainant Rahib Ali, PWs Riaz Ali and Imran Ali, and then went away by insulting them, for that the present case was registered. 

                        The applicants on having been refused pre-arrest bail by learned           Additional Sessions Judge, Ratodero, 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 on account of previous enmity; the FIR of the incident has been lodged with delay of about 25 days; there is counter version of the incident and the offence alleged against the applicants is not falling within prohibitory clause of Section 497 Cr.PC; therefore, the applicants are entitled to grant of pre-arrest bail, as they are apprehending their unjustified arrest at the hands of police.

                        Learned Additional Prosecutor General for the State has opposed to grant of pre-arrest bail to the applicants by contending that they have actively participated in commission of the incident.

                        I have considered the above arguments and perused the record.

                        The FIR of the incident has been lodged with delay of about 25 days and such delay having not been explained plausibly could not be overlooked. All the penal sections applied in FIR/charge sheet are bailable except one under section 337-F(v) PPC, which is not falling within prohibitory clause of Section 497 Cr.PC. The opinion of medical certificate in respect of injuries sustained by the complainant has been kept in abeyance by the medical board. There is counter version of the incident. The parties are already disputed. In these circumstances, a case for grant of pre-arrest bail on point of malafide in favour of the applicants obviously is made out.

                        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 of accordingly.

J U D G E