ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Bail. Appln. No. S – 589 of 2018

 

Date                                                   Order with Signature of Hon’ble Judge

 

For hearing of bail application

 

 

01.04.2019

            Mr. J K Jarwar Advocate a/w applicant Muhammad Saleem @ Dumbo

Mr. Bashir Ahmed Shar Advocate for the complainant

Mr. Aftab Ahmed Shar, Additional PG for the State

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Irshad Ali Shah, J; It is alleged that the present applicant with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object not only committed Qatl-e-amd of Muhammad Umar by causing him dagger and fire shot injuries but caused fire shot and dagger injuries to PWs Muhammad Ismail and Muhammad Zakria with intention to commit their murder and then went away by making aerial firing, for that the present case was registered.

2.                    The applicant on having been refused pre-arrest bail by learned 4th Additional Sessions Judge, Khairpur, has sought for the same from this Court by way of instant bail application u/s 498-A 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, no effective role in commission of incident has been attributed to him and he on investigation has also been found to be innocent by the police. By contending so, he sought for pre-arrest bail for the applicant as he, according to him is apprehending unjustified arrest at the hands of police.

4.                    Learned Additional PG for the State and learned counsel for the complainant have opposed to grant of pre-arrest bail to the applicant by contending that he is vicariously liable for the commission of incident.

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

6.                    Admittedly the role attributed to the applicant in commission of the incident is only to the extent of making aerial firing. Whether he actually participated in commission of incident with vicarious liability? It calls for determination at trial. The applicant on investigation has also been found to be innocent by the police. In that situation, it is rightly being contended by learned counsel for the applicant that he is entitled to be admitted to pre-arrest bail, as he is apprehending his unjustified arrest.

7.                    In view of above, interim pre-arrest bail already granted to the applicant is confirmed on same terms and conditions.

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

Judge

 

 

ARBROHI