ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S-549 of 2022

(Qaimuddin and others Vs. The State)

1. For Order son office objection.

2. For hearing of Bail Application

30-01-2023.

Mr. Amanullah G. Malik, advocate for applicants.

Mr. Ali Ahmed Khan, advocate for complainant.

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 applicants with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object,

, for that the present case was registered.

2. The applicants on having been refused Pre-Arrest bail by learned 1^st Additional Sessions Judge/MCTC-I, Sukkur, 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 applicants that the applicants being innocent have been involved in this case falsely; therefore, the applicants are entitled to be admitted to pre-arrest bail on the point of malafide. . In support of his contentions, he has relied upon the cases of Zafar Khan and another Vs. The State (2022 SCMR 864), Alam Chand alias Aloomal and 2 others Vs. Jamil Ahmed and another (2008 SCMR 980, Sarwar and others Vs. The State (2014 SCMR 1762), Anwar Saifullah Khan Vs. the State and 3 others (2001 SCMR 1040), Sikander Ali and another Vs, The State (2005 YLR 276) and Abdul Rehman vs. The State and another ( 2012 YLR 1270).

4. Learned Additional P.G for the State assisted by the complainant has opposed

5. Heard arguments and perused the record.

6. The

; the case has finally been challaned; applicants have joined the trial and there is no allegation of misusing the concession of interim pre arrest bail on their part. In these circumstances, a case for grant of pre-arrest bail in favour of the applicants on point of malafide obviously is made out.

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

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

Judge

Nasim/P.A.