Khadim Husaain (Applicant) VS The State (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

HYDERABAD

Criminal Bail Application No.S-159 of 2021

DATE ORDER WITH SIGNATURE OF JUDGE

For orders on office objection For hearing of main case.

Mr. Ishfaque Ahmed Lanjar, Advocate along with applicant.

Ms. Sobia Bhatti, A.P.G for State.

Irshad Ali Shah J.- It is alleged that the applicant with rest of the culprits robbed complainant Saghir Hussain of his Car, for that the present case was registered

2.The applicant on having been refused pre-arrest bail by learned 3rd Additional Sessions Judge, Shaheed Benazirabad has sought for the same from this Court by way of instant application under section 498 Cr.P.C.

3.It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant party and the FIR has been lodged with delay of about [16] days. By contending so, he sought for pre-arrest bail for the applicant on point of further enquiry and malafide.

4.Learned Assistant Prosecutor General for the State has opposed to grant of pre-arrest bail to the applicant by contending that he has actively participated in commission of incident.

5.I have considered the above arguments and perused the record.

6.The FIR of the incident has been lodged with delay of about [16] days; such delay could not be overlooked. The Car allegedly robbed has been recovered from co-accused Sujawal. The case has finally been challaned. The applicant has joined the trial. The applicant has not misused the concession of bail. In these circumstances, a case for grant of bail to the applicant on point of further inquiry and malafide is made out.

7.In view of above, the interim pre-arrest bail already granted to the applicant is confirmed on same terms and conditions with direction to learned Trial Court to dispose of very case against the applicant within one month.

8.The instant bail application is disposed of accordingly.

JUDGE

Ahmed/Pa,