ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Criminal Bail Application No. 1308 of 2016

Applicant:                             Tariq Saeed s/o. Ghulam Rasool, through Mr. Atta

                                                Muhammad Bhambhro, Advocate.

Respondent:                          The State, through Ms. Rahat Ehsan, DPG.

Complainant:                        Naeemullah s/o. Ghulam Hadi Solangi (nemo)

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Date of hearing:                    10.02.2017

Date of order:                        10.02.2017

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O R D E R

Zafar Ahmed Rajput, J:-  Having rejected his earlier bail before arrest application bearing No. 757 of 2016 by the learned VII^th Additional Sessions Judge, Karachi Central, vide order dated 31.08.2016, the applicant/accused Tariq Saeed s/o. Ghulam Rasool, through instant bail application has sought pre-arrest bail in Crime No. 132 of 2016, registered at PS New Karachi Industrial Area,  Karachi under Section 324/34 P.P.C. He was granted interim pre-arrest bail by this Court vide order dated 09.09.2016, now he seeks confirmation of his bail.  

2.         Briefly stated, the facts of the case are that on 17.07.2016 at 1640 hours complainant, namely, Naeemullah s/o. Ghulam Hadi Solangi lodged the aforementioned F.I.R. alleging therein that some time back Waqas Masih with his accomplices attacked on his house and such F.I.R. was lodged at PS Shahrah-e-Faisal. On 17.07.2016 on the request of Nisar Panhwar and Tariq Punjabi, he and his son, namely, Ehtesham went to Khameesa Goth at lake corner to see cocks fight, where he noted that Nisar Panhwar and Tariq Punjabi were talking continuously on mobile phone and meanwhile Waqas Masih, Ayaz Pathan and  Ali Hassan Sindhi reached there in a Corolla Car and Waqas Masih opened fire, which hit him on his left side of chest beneath the heart and, thereafter, they all ran away. 

3.         The learned counsel for the applicants/accused has mainly contended that the applicant is innocent and has falsely been implicated in this case by the complainant with malice and ulterior motive; that no specific role has been attributed to the applicant in commission of the alleged offence and the vicarious liability of accused, if any, shall be determined by the trial Court after trial; hence, the case of accused falls within the ambit of further inquiry; as such, interim bail granted to the applicant may be confirmed.

4.         On the other hand, the learned APG has opposed this application on the ground that the accused has been nominated in the F.I.R. and the complainant has received injury on the vital part of his body. 

5.         I have considered the arguments advanced by the learned counsel for the parties and also perused the material available on record.

6.         It is an admitted position that at the time of alleged incident the accused was sitting with the complainant unarmed. No overt act has been assigned to accused. The role of causing fire arm injury to complainant has been attributed to              co-accused Waqas Masih. Under the circumstances, vicarious liability of accused could be established only after recording the evidence. Hence the case of accused is one of further enquiry into his guilt covered under sub-section (2) of section 497 Cr.P.C. The accused was admitted to interim pre-arrest bail and he is attending the trial Court regularly and admittedly he has not misused the concession of interim bail. Accordingly, the interim pre-arrest bail granted to the accused vide order dated 09.09.2016, is confirmed on the same terms and conditions. However, in case the accused misuses the concession of bail, the trial Court shall be at liberty to cancel the same after giving him notice, in accordance with law.

JUDGE

Athar Zai