ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S-603 of 2023

(Rabban & others Vs. The State)

         

1. For Orders on office objection.

2. For hearing of Bail Application.

 

06-11-2023.

Mr. Alam Sher Bozdar, advocate for the applicants.

Mr. Shabbir Ali Bozdar, advocate for the complainant.

Mr. Aftab Ahmed Shar, 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 by making trespass into house of complainant Chanesar robbed him and his witnesses of their belonging by causing them hatchet and lathi injuries, for that the present case was registered.

2.         The applicants on having been refused pre-arrest bail by learned Additional Sessions Judge, Daharki, have sought for the same from this Court by way of instant Bail Application under Section 498-A Cr.P.C.

3.         Heard arguments and perused the record.

4.         The FIR of the incident has been lodged with delay of about three days; such delay having not been explained plausibly could not be over looked; it is contrary to some extent to the report which initially was made by the complainant and recorded by police in roznamcha; parties are already inimical 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 bail to the applicants on point of further inquiry obviously is made out.

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

6.         The instant Crl. Bail Application is disposed of accordingly. 

 

                                                                                        Judge                                             

 

Nasim/P.A