ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-297 of 2024

(Waheed Ali & another vs. The State)

DATE                           ORDER WITH SIGNATURE OF JUDGE

For the hearing of the bail application.

18.07.2024.

Mr. Mumtaz Ali Jessar, Advocate for the applicants.

Complainant Mohsin Ali Shah in person.

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

  -.-.-.-.-.-.-.-.-.-

IRSHAD ALI SHAH, J.- It is alleged that the applicants with the rest of the culprits, committed theft of Solar Plates, Battery, and Drum of complainant Mohsin Ali Shah from his flour machine, for which the present case was registered.

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

3.         Heard arguments and perused the record.

4.         The FIR of the incident has been lodged with a delay of about two days, no plausible explanation for such delay is offered, therefore, it could not be overlooked. None has seen the applicants committing the alleged theft and they have been involved in the commission of the incident by the complainant, based on information provided to him privately, which could hardly be relied upon. 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 pre-arrest bail to the applicants on point of further inquiry and mala fide is made out.

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

6.         The instant bail application is disposed of accordingly.

JUDGE