ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-157 of 2023

(Akhtar Hussain Vs. The State.)

DATE                           ORDER WITH SIGNATURE OF JUDGE

For hearing of bail application.

08.05.2023.

Mr. Shahbaz Ali Brohi, Advocate for applicant.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

  -.-.-.-.-.-.-.-.-.-

IRSHAD ALI SHAH, J.- It is alleged that the applicant with rest of the culprits, in furtherance of their common intention, committed murder of Javed Ahmed, by causing him fire shot injuries, for that the present case was registered. On having been refused pre-arrest bail by learned Sessions Judge, Shikarpur, the applicant has sought for the same from this Court by way of instant application u/s. 498 Cr.PC.

2.        Heard arguments and perused the record.

3.        The FIR of the incident has been lodged with delay of 02 days; such delay having not been explained plausibly could not be overlooked. The applicant has been involved in commission of the incident on the basis of his instigation which obviously calls for determination at trial. The parties are already disputed over Karap. 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 his part. In these circumstances, a case for grant of pre-arrest bail to the applicant on point of further inquiry and malafide is made out.

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

5.        The instant bail application is disposed of accordingly.

JUDGE