ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-604 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

20.01.2022

                        Mr. Muhammad Afzal Jagirani, Advocate for the applicant.

Mr. Abdul Rasheed Buhio, Advocate for the complainant.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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IRSHAD ALI SHAH - J;- It is alleged that the applicant with rest of culprits, after having formed an unlawful assembly and in prosecution of their common object, committed murder of Irshad Ali by administering some poisonous/intoxicant substance to him and then threatened the complainant and his witnesses to be murdered by pointing their weapons at them, in case they would not leave the scene of incident, for that the present case was registered. 

                        The applicant on having been refused pre-arrest bail by learned           1^st Additional Sessions Judge/MCTC, Dadu, 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 dispute with him over settlement of accounts and the FIR of the incident has been lodged with delay of about one day; therefore, he is entitled to grant of pre-arrest bail on point of further inquiry and malafide.

                        Learned Addl.P.G for the State and learned counsel for the complainant have opposed to grant of pre-arrest bail to the applicant by contending that he has actively participated in commission of the incident.

                        I have considered the above arguments and perused the record.

                        The applicant is named in FIR with specific allegation that he with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object, committed death of the deceased by administering poisonous/intoxicant substance to him by using criminal force and such allegation takes support from the report of chemical examiner. In that situation, it would be premature to say that the applicant being innocent has been involved in this case falsely by the complainant party. The dispute between the parties may be there over the settlement of account, but it may not be a reason to involve the applicant in this case falsely at the cost of life of an innocent young boy. The delay in lodgment of the FIR being natural has been explained in FIR itself; the same even otherwise could not be resolved by this Court at this stage. There appear reasonable grounds to believe that the applicant has committed the offence which he is charged. No case for grant of pre-arrest bail to the applicant is made out. Consequently, the instant criminal bail application is dismissed.

J U D G E