ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-406 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

14.01.2022

                        Mr. Athar Abbas Solangi, Advocate for the applicants.

Mr. Ali Anwar Kandhro, Addl.P.G 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, deterred the “NAB” officials being public servants from discharging their lawful duty by putting them wrongful restraint by restoring to criminal intimidation and mischief, for that the present case was registered. 

                        The applicants on having been refused pre-arrest bail by learned           2^nd Additional Sessions Judge, Jacobabad, 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 police; the FIR of the incident has been lodged with delay of about two days; the offence alleged against them is not falling within prohibitory clause of Section 497 Cr.PC and co-accused Abid Ali and nine others have already been admitted to post arrest bail by this Court, therefore, they are entitled to grant of pre-arrest bail on point of further inquiry and malafide.

                        Learned A.P.G for the State has record no objection to grant of pre-arrest bail to the applicants.

                        I have considered the above arguments and perused the record.

                        The FIR of the incident has been lodged with delay of about two days and such delay could not be overlooked. All the penal sections applied in FIR are bailable except one under section 506/2 PPC; the applicability whereof requires determination at trial. Even otherwise, the offence alleged against the applicants is not falling within prohibitory clause of Section 497 Cr.PC.               Co-accused Abid and nine others have already been admitted to post arrest bail by this Court. The case has finally been challaned; the applicants have joined the trial and there is no allegation of misuse of concession of pre-arrest bail on their part. In these circumstances, the applicants are found entitled to grant of pre-arrest bail on point of further inquiry and malafide.

                        In case of Muhammad Ramzan vs. Zafarullah and another               (1986 SCMR-1380), it was held by the Honourable Court that;

“no useful purpose was likely to be served if bail of accused(respondent) was cancelled on any technical ground because after arrest he could again be allowed bail on the ground that similarly placed other accused were already on bail”.

                        In view of above, the interim pre-arrest bail already granted to the applicants is confirmed on same terms and conditions.

                        The instant criminal bail application is disposed of accordingly.

      JUDGE