ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S- 699 of 2022

For hearing of bail application

16-01-2023.

Mr. Abdul Fattah Samo, advocate for applicant

Mr. Shafi Muhammad Mahar, Deputy P.G for the State.

>>>>>>>…<<<<<<<<

Irshad Ali Shah, J; It is alleged that the applicant, by committing trespass in to shop of complainant Pir Bux committed theft of batteries and other articles, for that the present case was registered.

2. The applicant on having been refused Pre-Arrest bail by learned Additional Sessions Judge/MCTC, Ubauro, has sought for the same from this Court by way of instant bail application under Section 498-A Cr.P.C.

3. It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant; FIR of the incident has been lodged with delay of about six days and offence does not falling within the prohibitory clause of section 497 Cr.P.C, therefore, the applicant is entitled to be admitted to pre-arrest bail on the point of malafide.

4. Learned Deputy P.G for the State has opposed to grant of pre-arrest bail to the applicant by contending that the offence alleged against the applicant is affecting society at large.

5. Heard arguments and perused the record.

6. The FIR of the incident has been lodged with delay of about six days, yet it does not contain the name and description of the applicant; he has been involved in the present case on the basis of statements of witnesses, which appears to be surprising; the offence alleged against applicant is not falling within prohibitory clause; the case has finally been challaned; that applicant has joined the trial and there is no allegation of misusing the concession of interim pre bail on the part of applicant. In these circumstances, a case for grant of pre-arrest bail in favour of the applicant on point of malafide obviously is made out.

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

8. The instant bail application is disposed of accordingly.

Judge

Nasim/P.A.