ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S-21 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.

Complainant in person.

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 committed theft of motorcycle of complainant Sahib Khan, 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 the police at the instance of the complainant and offence alleged against him is not falling within prohibitory clause, therefore, he is entitled to be admitted to pre-arrest bail on the point of further inquiry and malafide.

4. Learned Additional P.G for the State who is assisted by the complainant has opposed to grant of pre arrest bail to the applicant by contending that the offence, which he has committed, is affecting the society at large.

5. Heard arguments and perused the record.

6. The FIR of the incident has been lodged with the delay of more than one month; such delay having not been explained plausibly could not be overlooked. None indeed has seen the applicant committing the alleged theft. The case has finally been challaned; the 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 and 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 Crl. Bail Application is disposed of accordingly.

Judge

Nasim/P.A.