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