ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-581 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

13.01.2022

                        Mr. Zafar Ali Malgani, Advocate for the applicant.

                        Mr. Abdul Ghaffar, A.P.G for the State.

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IRSHAD ALI SHAH - J;- It is alleged that the applicant with rest of the culprits,  by committing trespass into house of complainant Mst.Subhan Khatoon robbed her gold ornaments and cash worth Rs.75,000/-, for that the present case was registered. 

                        The applicant on having been refused pre-arrest bail by learned           Sessions Judge, Jacobabad, 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 in order to satisfy its old dispute with him and the FIR of the incident has been lodged with delay of about two months; therefore, the applicant is entitled to grant of pre-arrest bail on point of further inquiry.

                        Learned A.P.G for the State has opposed to grant of pre-arrest bail to the applicant by contending that he has committed the offence which is affecting the society at large.

                        I have considered the above arguments and perused the record.

                        The FIR of the incident has been lodged with delay of about two months and such delay could not be overlooked. The identity of the applicant at night time under light of bulb is appearing to be weak piece of evidence. No proof in shape of document is brought on record which may prove the ownership of the applicant over the gold ornaments allegedly robbed by the applicant. The case has finally been challaned; the applicant has joined the trial and there is no allegation of misusing the concession of pre-arrest bail on his part. In these circumstances, a case for grant of pre-arrest bail to the applicant on point of further inquiry and malafide 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 criminal bail application is disposed of accordingly.

J U D G E