552/2011 Cr.Bail Abdul Rasool Khoso & ors (Applicant) V/S The State (Respondent)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 13-MAR-13
In the entire application it has not been convincingly stated as to what malafide was involved in nominating the applicants after 04 months and 12 days. Statement of the applicants that since they have been involved after 04 months and 12 days is sufficient to establish the malafides, I am afraid, is not convincing statement. The complainant and the eyewitnesses have categorically nominated the applicants in their statements and as observed by the Honourable Supreme Court that no court would have any power to grant pre-arrest bail unless all the conditions specified for allowing bail before arrest specially the condition regarding malafides were proved. Perusal of the record shows that no such ground was available or were made out as far as bail application is concerned. In view of aforesaid facts and circumstances and in view of medical post-mortem report and the statements of the eyewitnesses I am not inclined to grant pre-arrest bail in favour of the applicants and being so the instant application stands dismissed and the interim pre-arrest bail already allowed to them is hereby recalled. Accordingly, bail application is dismissed.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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