ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-577 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

28.02.2022

                        Mr. Shahbaz Ali Brohi, Advocate for the applicant.

                        Mr. Muhammad Afzal Jagirani, 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 applicant with rest of the culprits, in furtherance of their common intention, committed murder of Ghulam Shabir by causing him fire shot injuries, for that the present case was registered. 

                        The applicant on having been refused pre-arrest bail by learned   Sessions Judge, Shikarpur, 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; the FIR of the incident has been lodged with delay of about four days yet it does not contain the name of the applicant; it was disclosed subsequently by the complainant by way of further statement and co-accused Aijaz Ali with utmost similar role has already been admitted to bail by learned trial Court; therefore, the applicant is entitled to be admitted to pre-arrest bail on point of further inquiry, consistency 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 after commission of the incident has gone in absconsion for considerable period.

                        I have considered the above arguments and perused the record.

                        The FIR of the incident does not contain name and description of the applicant; it was disclosed subsequently by the complainant by way of further statement, which could hardly be treated as part of FIR. Co-accused Aijaz Ali has already been admitted to bail by learned trial Court. The applicant has joined the trial and there is no allegation of misusing the concession of bail on his part. In these circumstances, the applicant could not be denied concession of bail on point of absconsion alone.

                        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