ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-190 of 2023

(Ali Nawaz @ Aloo and others Vs. The State.)

DATE                           ORDER WITH SIGNATURE OF JUDGE

For hearing of bail application.

18.05.2023.

Mr. Abdul Rehman Bhutto, Advocate for applicants.

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

  -.-.-.-.-.-.-.-.-.-

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 its common object, deterred the police party of P.S Mirpur Buriro led by ASI Jan Muhammad from discharging its lawful duty as public servant by making fires at them with intention to commit their murder at the time when they went to them to make their arrest being absconder in some other case, for that the present case was registered. On having been refused pre-arrest bail by learned Sessions Judge, Jacobabad, the applicants have 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.        There is no independent witness to the incident. The alleged firing proved to be infective in all respects. 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. Moreo-so, co-accused Muhammad Nawaz with utmost similar role has already been admitted to bail after his arrest by learned Additional Sessions Judge, Thull. In these circumstances, no useful purpose would be served, if  the applicants are taken into custody and then are admitted to bail on point of consistency.

4.                    In case of Muhammad Ramzan vs. Zafarullah and others (1986 SCMR-1380), it has been held by Apex Court that;

“No useful purpose was likely to be served if bail of the accused is cancelled on any technical ground because after arrest he could again be allowed bail on the ground that similarly placed other accused were already on bail.”

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

6.        The instant bail application is disposed of accordingly.

JUDGE