ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-219 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

 

15.11.2021

 

                        Mr. Shakeel Ahmed Ansari, Advocate for the applicant.

                        Mr. Makhdoom Syed Tahir Abbas, Advocate for complainant.

Mr. Aitbar Ali Bullo, Deputy Prosecutor General for State.

 

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IRSHAD ALI SHAH - J;- It is alleged by the prosecution that applicant with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, caused dagger blows to PW Bibi Parveen, with intention to commit her murder and then went away by causing lathi blows to complainant Bahawal Shah and PW Ishaq Shah, for that the present case was registered.

                        The applicant on having been refused pre-arrest bail by learned           Sessions Judge, Shikarpur, 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 police;     co-accused Ghulam Mustafa, Waqar and Aamir Shah have already been admitted to post-arrest bail by learned Sessions Judge, Shikarpur and Mst.Bibi Parveen now by filing her affidavit has recorded no objection to grant of pre-arrest bail to the applicant; therefore, the applicant is entitled to grant of pre-arrest bail, as he is apprehending his unjustified arrest at the hands of police.

                        Learned Deputy Prosecutor General for the State and learned counsel for the complainant have recorded no objection to grant of pre-arrest bail to the applicant.

                        I have considered the above arguments and perused the record.

                        The parties admittedly are disputed over the matrimonial affairs. The injuries sustained by the injured are not falling within prohibitory clause of Section 497 Cr.PC. Co-accused Ghulam Mustafa, Waqar and Aamir Shah have already been admitted to bail by learned trial Court. More-so, PW Mst.Bibi Parveen by filing her affidavit has recorded no objection to grant of pre-arrest bail to the applicant by stating therein that she has compounded the offence with him. 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