IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-97 of 2018

Applicant               :                Khuda Bux s/o Samano Panhwar

Through Mr.Asif Ali Abdul Razzak Soomro, Advocate

Complainant       :                  Abdul Nabi Chakhro, Through                                                        Mr.Habibullah Ghouri, Advocate

State                              :                  Through Mr.Raja Imtiaz Ali Solangi,  A.P.G.

Date of hearing   :                  13.07.2018          

Date of order      :                  16.07.2018

O R D E R

IRSHAD ALI SHAH. J- It is alleged that the present applicant with rest of the culprits in furtherance of their common intention committed death of Mst.Hawa by causing her dagger blows, for that the present case was registered.

2.                On having been refused post-arrest bail by learned trial Court, the applicant has sought for the same from this Court by way of instant application under section 497 Cr.PC.

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 only to settle with him their matrimonial dispute. Co-accused Hazaro alias Hazar Khan and Dhani Bux have already been admitted to bail either by learned trial Court or by this Court, the role attributed to the present applicant/accused in commission of the incident is only to the extent that he hold the hands of deceased Mst.Hawa at the time when she was done to death by way of causing dagger blows by her husband co-accused Muharram Ali. By contending so, he sought for release of the applicant on point of further enquiry. In support of his contention, he relied upon case of Shahid vs. the State (1994 SCMR-393).

4.                Learned counsel for the complainant has opposed to grant of bail to the applicant by contending that he has actively participated in commission of incident. By contending so, he sought for dismissal of bail application of the applicant. In support of his contention he relied upon case of Mst.Barkat Bibi vs. Gulzar and others (1979 SCMR-65).

5.                Learned A.P.G has supported the order of learned trial Court.

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

7.                Deceased Mst.Hawa admittedly was wife of co-accused Muharram Ali, it was he who allegedly has committed her death by causing her dagger injuries, the role attributed to the present applicant/accused in commission of the incident is only to the extent that he hold the hands of the deceased at the time when she was done to death by her husband co-accused Muharram Ali, the parties admittedly are disputed over matrimonial affairs. In that situation, the participation of the applicant in commission of the incident on point of vicarious liability obviously is calling for further enquiry.

8.                In case of Mst.Barkat Bibi (supra), which is relied upon by learned counsel for the complainant, no issue of matrimonial dispute between the parties was involved which may have smells of false implication. The case of Shahid (supra), which is relied upon by learned counsel for the applicant being latest one even otherwise has got preference.

9.                In view of facts and reasons discussed above, the applicant is admitted to bail subject to his furnishing surety in the sum of Rs.200,000/- and P.R bond in the like amount to the satisfaction of learned trial Court.  

10.              The instant application is disposed of accordingly.

                                                                            J U D G E