ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-144 of 2024

(Rashid Ali vs. The State)

DATE ORDER WITH SIGNATURE OF JUDGE

For the hearing of the bail application.

04.07.2024.

Mr. Qudratullah Shaikh, Advocate for the applicant.

Mr. Aitbar Ali Bullo, D.P.G for the State a/w complainant

Ghulam Hussain.

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

IRSHAD ALI SHAH, J.- It is alleged that the applicant not only defaulted in payment of SEPCO dues but was found committing theft of electricity, for which the present case was registered.

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

3. Heard arguments and perused the record.

4. The dues, if any, are against the father of the applicant. Nothing has been brought on record that may suggest that the applicant is exclusive the owner of the house, for which the theft of electricity was being committed. More so, the FIR of the incident has been lodged by a Lineman, without authorization of an officer (not below the rank of Grade 17), as is mandated by Section 462(O)(1) PPC. The offence alleged against the applicant is not falling within the prohibitory clause. The case has finally been challaned and there is no allegation of misusing the concession of interim pre-arrest bail on the part of the applicant. In these circumstances, a case for grant of pre-arrest bail to the applicant on the point of further inquiry and mala fide is made out.

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

6. The instant bail application is disposed of accordingly.

JUDGE