ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-224 of 2024

(Zafar Ali vs. The State)

DATE                           ORDER WITH SIGNATURE OF JUDGE

For the hearing of the bail application.

01.07.2024.

Mr. Sher Ali Chandio, Advocate for the applicant.

Mr. Abid Hussain Kalhoro, Advocate for the deceased’s father.

Mr. Aitbar Ali Bullo, D.P.G for the State.

  -.-.-.-.-.-.-.-.-.-

IRSHAD ALI SHAH, J.- It is alleged that the applicant with the rest of the culprits, after having formed an unlawful assembly and in the prosecution of its common object, not only murdered Shah Murad alias Shahnawaz by causing him fireshot injuries but also caused fireshot injuriy to PW Rehmatullah intending to commit his murder and then went away by making aerial firing to create harassment, for which the present case was registered.

2.        The applicant having been refused pre-arrest bail by learned Additional Sessions Judge-I, Mehar, has sought the same from this Court by way of instant application u/s. 498 Cr. PC.

3.        It is contended by learned counsel for the applicant that the applicant is innocent and has been involved in this case falsely by the police; the FIR of the incident has been lodged with a delay of about two days and he is not named by the father of the deceased as culprit in his 164 Cr.PC statement, therefore, he is entitled to be admitted to pre-arrest bail on point of further inquiry and mala fide.

4.        Learned counsel for the father of the deceased has recorded no objection to the grant of pre-arrest bail to the applicant by contending that he is innocent; however, learned D.P.G for the State has opposed the grant of pre-arrest bail to the applicant by contending that he has actively participated in the commission of the incident by causing fire shot injury to PW Rehmatullah with intention to commit his murder.

5.        Heard arguments and perused the record.

6.        None has come forward to lodge an FIR of the incident on behalf of the deceased or injured which appears to be surprising; it has been lodged by Inspector Abdul Majeed Brohi on behalf of the State that too with a delay of about two days to the actual incident; such delay could not be overlooked. Manthar Ali who happened to be the father of the deceased has not implicated the applicant in the commission of the incident by making his 164 Cr.PC statement; such statement could not be overlooked. Injury sustained by PW Rehmatullah does not fall within the prohibitory clause. The parties are said to be having a political rivalry. The applicant has 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 mala fide is made out.

7.        Under the discussed circumstances, the interim pre-arrest bail already granted to the applicant is confirmed on the same terms and conditions. 

8.        The instant bail application is disposed of accordingly.

JUDGE