Zulfiqar Ali Sangi, J: Through instant application, Applicant/ accused Rashid Ali son of Gul Muhammad Phul, is seeking his pre-arrest bail in FIR No.124/2021, registered at Police Station Gamba t, under sections 302, 337-A(i), 337-F(ii), 147, 148, 149, 504 and 109 PPC. Earlier his pre-arrest bail plea was declined by the learned Additional Sessions Judge-IV , Khairpur , vide order dated 13.10.2021, hence he approached this court for the same relief.
2. Heard learned counsel for the parties and perused the material available on record with their able assistance.
3. As per FIR, the allegation against the present applicant is that he had instigated other co-accused, however, there is no material collected during investigation, which reflects that the applicant was either present at the time of incident or he abetted the co-accused at any place, even no such time of abetment is mentioned. In these circumstances, the case of applicant requires further enquiry entitling him for confirmation of interim pre-arrest bail earlier granted to him. Resultantly, the interim pre-arrest bail granted to the applicant / accused by this court vide order dated 14.10.2021, is hereby confirmed on same terms and conditions.
4. Observations made herein above are tentative in nature and will not cause any prejudice to either party at the trial.
5. Instant Criminal Bail Application is disposed of in the above terms.