ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-525 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

21.02.2022

                        Mr. Abdul Rehman Chandio, Advocate for the applicants.

                        Makhdoom Syed Tahir Abbas Shah, Advocate for complainant.

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, caused damage to flag of faithful installed on Tractor, thereby insulted the religious belief of particular sect and then went away by making aerial firing to create harassment, 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 and the very proceedings are hit by provision of Section 196 Cr.PC. By contending so, he sought for pre-arrest bail for the applicants. In support of his contentions, he relied upon case of Riyasat Vs. The State and another      (2012 PCr.LJ-923).

                        Learned Addl.P.G for the State and learned counsel for the complainant have opposed to grant of pre-arrest bail to the applicants by contending that they are vicariously liable for the commission of the incident.

                        I have considered the above arguments and perused the record.

                        The identity of the applicants at night time is appearing to be weak piece of evidence. The cognizance of the incident by way of FIR at the instance of private individual is hit provision of Section 196 Cr.PC. Be that as it may, the case has finally been challaned and the applicants have joined the trial and there is no allegation of misusing the 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 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.

J U D G E