ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-105 of 2023

 

DATE                           ORDER WITH SIGNATURE OF JUDGE

 

 

For hearing of bail application.

 

04.05.2023.

 

Mr.Razi Khan Nabi Bux Chandio            , Advocate for applicants.

Mr.Wakeel Ali Shaikh, Advocate for the complainant.

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

                                                 -.-.-.-.-.-.-.-.-.-

 

IRSHAD ALI SHAH, J.- It is alleged that the applicants in furtherance of their common  intention, took away complainant Ali Akbar with them, kept him confined illegally at P.S Warrah and then maltreated him, for that the present case was registered.

 

2.        On having been refused pre-arrest bail by learned 1st Additional Sessions Judge, Qamber, the applicants have sought for the same from this Court by way of instant application u/s. 498 Cr.PC.

 

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 him the dispute over settlement of account. By contending so, he sought for interim pre-arrest bail for the applicants on point of malafide.

 

4.        Learned Addl.P.G for the State and learned counsel for the complainant have opposed to grant of pre-arrest bail to the applicants by contending that they have committed the offence which is affecting the society.

 

5.        Heard arguments and perused the record.

6.        The FIR of the incident has been lodged with delay of 12 days that too after having a recourse U/S. 22-A/B Cr.PC. The very case on investigation was recommended by the police to be cancelled under “C” class. The parties are disputed over the settlement of accounts. 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 to the applicants on point of further inquiry and malafide is made out.

 

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

 

8.        The instant bail application is disposed of accordingly.

                                                                                                       JUDGE