ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S-22 of 2023

(Sajjad Hussain Brohi Vs. The State)

1. For Orders on office objection.

2. For hearing of Bail Application

30-01-2023.

Mr. Achar Khan Gabole, advocate for applicant.

Mr. Syed Sardar Ali Shah Rizvi, Additional 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 being member of gang of thieves associated to commit robbery/dacoity and deterred the police party of PS Gambat led by ASI Deedar Ali Odhano from discharging its lawful duty as public servant by making fires upon them with intention to commit their murder, eventually their associate Najam Din sustained fire shot injury; on arrest from him was secured unlicensed pistol and then they made their escape good, for that the present case was registered.

2. The applicant on having been refused Pre-Arrest bail by learned Ist Additional Sessions Judge/MCTC-I, Khairpur, has sought for the same from this Court by way of instant Crl. 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 police; therefore, the applicant is entitled to be admitted to pre-arrest bail on the point of further inquiry and malafide, which is not opposed by learned Additional P.G for the State.

4. Heard arguments and perused the record.

5. There is no independent witness to the incident. The identity of the applicant on the light of police mobile is appearing to be weak piece of evidence. None from the police party has sustained any fire shot injury. The case has finally been challaned; applicant has joined the trial and there is no allegation of misusing the concession of interim pre arrest bail on his part. In these circumstances, a case for grant of pre-arrest bail in favour of the applicant on point of further inquiry malafide obviously is made out.

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

7. The instant Crl. Bail Application is disposed of accordingly.

Judge

Nasim/P.A.