ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S-66 of 2023

(Ghulam Shabbir @ Kaka Vs. The State)

1. For Orders on office objection.

2. For hearing of Bail Application

07-03-2023.

Mr. Sikander ali Junejo, advocate for applicant.

Complainant Asif Zamir in person.

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

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Irshad Ali Shah, J;- It is alleged that applicant with rest of the culprits in further of their common intention after causing dagger blows to complainant Asif Zamir at his abdomen with intention to commit his murder, went away by insulting him, for that the present case was registered.

2. The applicant on having been refused Pre-Arrest bail by learned IVth Additional Sessions Judge (Hudood), Sukkur, has sought for the same from this Court by way of instant bail application u/s 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; the FIR has been lodged with delay of about 28 days and the very case at the one moment was disposed of by the police under “A” class. By contending so, he sought for pre-arrest bail for the applicant.

4. Learned Deputy 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 he has caused dagger blows to the complainant on his abdomen with intention to commit his murder.

5. Heard arguments and perused the record.

6. Initially the complainant was referred by SHO PS New Pind to Sukkur Hospital, for examination of his injuries, treatment and certificate with an assertion that he has been caused knife injuries by six unknown culprits. Perhaps for this reason, the very case on investigation was recommended by the police to be disposed of under “A” class. The lodgment of FIR with delay of about 28 days, as such could not be over looked. The case has finally been challaned and there is no allegation of misusing of concession of interim pre-arrest bail on the part of the applicant. 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 bail application is disposed of accordingly.

Judge

Nasim/P.A.