ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Bail. Appln. No.S- 745 of 2018

Date Order with Signature of Hon’ble Judge

For hearing of bail application

1. For orders on office objection at flag ‘A’

2. For hearing of main case

11.03.2019

Mr. Imtiaz Ahmed Kolachi Advocate for the Applicant

Mr. Anwer Ali Lohar Avocate for the complianant

Syed Sardar Ali Shah Rizvi, DPG for the State

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Irshad Ali Shah, J;- It is alleged that the applicant with rest of the culprits in furtherance of their common intention caused fire shot and lathi blows to PW Rahib Ali with intention to commit his murder, for that the present case was registered.

2. On having been refused post-arrest bail by learned Additional Sessions Judge Ubauro, the applicant has sought for the same from this Court by way of instant bail application u/s 497 Cr.P.C.

3. It is contended by learned counsel for the applicant that applicant being innocent has been involved in this case falsely by the complainant party; there is delay of one day in lodgment of the FIR, the role attributed to the applicant in commission of incident is only to the extent of causing lathi blow to PW Rahib Ali. By contending so, he sought for release of the applicant on bail on the point of further inquiry.

4. Learned DPG for the State has recorded no objection to grant of bail to the applicant by contending that injury attributed to him as per medical opinion has been declared to be bailable in nature.

5. Learned counsel for the complainant has sought for dismissal of the instant bail application by contending that the applicant is vicariously liable for commission of incident.

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

7. There is one day delay in lodgment of the FIR; the role attributed to the applicant in commission of incident is only to the extent that he caused lathi blow to PW Rahib Ali, such injury has been declared to be ‘Shajjah-e-Khafifah’ in its nature by medical officer concerned, which is bailable. In that situation, the participation of the applicant in commission of incident on point of vicariously liability obviously is calling for its determination at trial. In these circumstances, the applicant is found entitled to be released on bail on point of further inquiry.

8. In view of above, the applicant is admitted to bail subject to his furnishing surety in sum of Rs.50,000/- (Fifty Thousand) and PR bond in the like amount to the satisfaction of learned trial Court.

9. Instant Cr. Bail Application is disposed of in above terms.

Judge

ARBROHI