IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-579 of 2018

Applicants               :              1). Saeed Ahmed s/o Hakim Ali Lolai

2). Riaz s/o Badaruddin Loali,                 

Through Mr. Irfan Badar Abbasi,      Advocate

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

                                                Complainant Junaid Ahmed in person  

Date of hearing   :                  13.12.2018          

Date of order      :                  13.12.2018

O R D E R

IRSHAD ALI SHAH, J.- It is alleged that the applicants with rest of the culprits, in furtherance of their common intention, caused dagger blow to complainant Junaid Ahmed on his back with intention to commit his murder and then went away by insulting him, for that the present case was registered.

2.                The applicants on having been refused post-arrest bail by learned 4^th Additional Sessions Judge, Larkana, have sought for the same from this Court by way of instant application u/s 497 Cr.PC.

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 on the basis of vicarious liability, otherwise no overt-act is attributed to them in commission of the incident. By contending so, he sought for release of the applicants on bail as according to him their case is calling for further enquiry.

4.                Learned A.P.G who is assisted by the complainant in person has opposed to grant of bail to applicants by contending that the case is fresh one.

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

6.                Admittedly, the specific role of causing dagger blow to complainant on his back is attributed to co-accused Yaseen Lolai. No overt-act is attributed to the applicants in commission of the incident. The parties are already disputed. In that situation, the involvement of the applicants in commission of the incident on the basis of vicarious liability or extending abuses to the complainant obviously is calling for further enquiry.     

7.                In view of above, the applicants are admitted to bail subject to furnishing surety in the sum of Rs.50,000/- each and P.R bond in the like amount to the satisfaction of learned trial Court.  

8.                The instant criminal bail application is disposed of accordingly.

                                                                            J U D G E