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Petitioner: Ghulam Ali Shah & Others VS Respondent: The State
Court Name: Sindh High Court Judge(s): Irshad Ali Shah Title: Ghulam Ali Shah & Others vs The State Case No.: Cr.B.A.No.S-36 of 2021 Date of Judgment:2021-02-08 Reported As: 2021 SHC 1028 Result: Application disposed off
Judgment ORDER Irshad Ali Shah J;- It is alleged that the applicants with rest of the culprits abducted complainant Dleep Kumar , kept him confined illegally and then insulted and threatened him of murder , for that the present case was registered against them. 2. The applicants on having been refused pre arrest bail by learned Additional Sessions Judge, Hala have sought for the same from this Court by way of instant application u/s 498 Cr .P.C. 3. It is contended by learned counsel for the applicants that the applicants being innocent have been involved in this case falsely by the complainant party in order to satisfy its dispute with them over plot; the FIR has been lodged with delay of about four days and section 365 PPC has been omitted by the police while submitting the challan, therefore, the applicants are entitled to grant of pre arrest bail on point of malafide . 4. Learned A.P.G. for the State has recorded no objection to grant of pre arrest bail to the applicants. 5. I have considered the above arguments and perused the record. 6. The FIR has been lodged with delay of about four days; such delay could not be lost sight of. The parties admittedly are disputed over plot. The very case once was recommended by the police to be cance lled under "N.C" class. On re- investigation section 365 PPC has been omitted by the police while submitting the challan. The applicants have joined the trial. In these circumstances, a case for grant of pre-arrest bail in favour of the applicants on point of malafidy obviously is made out. 7. In view of above, the interim pre-arrest bail already granted to the applicants is confirmed on same terms and conditions. 8. The instant bail application is disposed of accordingly .