ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-358 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

25.11.2021

                        Mr. Abid Abdul Qadir Abro, Advocate for the applicants.

                        Mr. Zahid Hussain Chandio, Advocate for the complainant.

                        Mr. Abdul Ghaffar, Assistant Prosecutor General for State.

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IRSHAD ALI SHAH - J;- It is alleged that the applicants with rest of the culprits, have caused back side of hatchet blows to complainant Touheed and PW Ghulam Shabir,  for that the present case was registered.

                        The applicants on having been refused pre-arrest bail by learned           3^rd Additional Sessions Judge, 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 in order to satisfy his grudge with them over water rotation; the FIR of the incident has been lodged with delay of about 11 days 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 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 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 11 days and such delay having not been explained plausibly could not be overlooked. The injury sustained by PW Ghulam Shabir is bailable in nature. The injuries sustained by the complainant are not falling within the prohibitory clause of Section 497 Cr.PC. The parties are already disputed over water rotation. 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 case of Khalil Ahmed Soomro and others Vs. The State              (PLD 2017 SC-730), the Hon’ble Apex Court has held that;

“5. In this case, it appears that net has been thrown wider and the injuries sustained by the victims except one or two, have been exaggerated and efforts have been made to show that the offences are falling within those provisions of law, punishable with five years or seven years' imprisonment. All those aspects if are combindly taken, may constitute element of mala fide”.

                        In view of above, the applicants are admitted to pre-arrest bail in terms of surety which they have already furnished.

                        The instant bail application is disposed of accordingly.

J U D G E