ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S-594 of 2022

(Qadir Bux & others Vs. The State)

For hearing of Bail Application

30-01-2023.

Mr. Abdul Karim Chang, advocate for applicants

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 applicants with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object, caused iron rod, lathi and hatchet blows with its back side to complainant Abdul Rehman, PWs Muhammad Hashim and Habib Rehman with intention to commit their murder and then went away by making aerial firing to create harassment, for that the present case was registered.

2. The applicants on having been refused Pre-Arrest bail by learned Additional Sessions Judge Mirwah, have 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 by the complainant in order to satisfy with them his dispute over landed property; the firing was in effective one and co-accused Hub Ali has already been admitted to bail by learned trial Court; therefore, the applicants are entitled to be admitted to pre-arrest bail on the point of further inquiry and malafide.

4. Learned Additional P.G for the State has recorded no objection to grant of pre arrest bail to the applicants. However complainant has opposed to grant of bail to the applicants by contending that their case is distinguishable to that of co-accused Hub Ali.

5. Heard arguments and perused the record.

6. The FIR of the incident has been lodged with the delay of about one day; such delay having not been explained plausibly could not be overlooked. The parties are already disputed with each other. The case has finally been challaned. The 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 further inquiry and 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.