ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-321 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

22.11.2021

                        Mr. Inayatullah Morio, Advocate for the applicant.

                        Mr. Nadeem Ahmed Qureshi, Advocate for complainant.

                        Mr. Abdul Ghaffar, Assistant Prosecutor General for State.

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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, fired at complainant Raja with intention to commit his murder, such fire eventually hit to his wife Mst.Raheela on back of her left foot, and then went away by making fires in air in order to create harassment,  for that the present case was registered.

                        The applicant on having been refused pre-arrest bail by learned           Additional Sessions Judge, Ratodero, 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 in order to satisfy his grudge with him over kids fight; the FIR of the incident has been lodged with delay of about 18 days and the applicant on due investigation has been declared to be innocent by the police, 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 Mst.Raheela.

                        I have considered the above arguments and perused the record.

                        The FIR of the incident has been lodged with delay of about 18 days and such delay having not been explained plausibly could not be overlooked. The complainant though was fired at directly but he managed to escape such fire which appears to be mysterious. The fire shot injury sustained by PW Mst.Raheela even otherwise is not on vital part of her body and it is not falling within prohibitory clause of Section 497 Cr.PC. On investigation, the applicant has been found to be innocent by police. 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