ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Bail Application No.S-752 of 2018

For hearing of bail application

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

2. For hearing of main case

08-04-2019.

Mr. Achar Khan Gabole, advocate for the applicants.

Mr. Zulfiquar Ali Sangi, advocate for the complainant

Mr. Abdul Rehman Kolachi, DPG for the State

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Irshad Ali Shah, J;- At the very outset, it is stated by the learned counsel for applicants that applicants Muhammad Asghar and Ashrafuddin on having been let of by the police have been joined by learned Magistrate/learned trial Court and they now have joined the trial on furnishing requisite surety. By stating so he does not press the instant application in respect of applicants Muhammad Asghar and Ashrafuddin. It is dismissed as not pressed in their respect.

2. So far case of applicant Lal Bux it is alleged that he 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 Wajahatullah by causing him fire shot injuries, but caused lathi blows to PWs Pervaiz Ahmed and Ghalib Hussain with intention to commit their murder, for that the present case was registered.

2. On having been refused pre-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 498 Cr.P.C.

3. It is contended by learned counsel for the applicant Lal Bux that he being innocent has been involved in this case falsely by the complainant party to save its skin as he was beaten by the complainant party without lawful justification and the role attributed to him in commission of the incident even otherwise is only to the extent of his presence. By contending so, he sought for pre-arrest of the applicant Lal Bux on point of malafide.

4. Learned DPG for the State and learned counsel for the complainant have opposed to grant of bail to the applicant by contending that he is vicariously liable for commission of incident which is proved of injuries which he allegedly has sustained during the course of incident.

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

6. The specific role of committing death of deceased Wajahatullah by causing him fire shot injuries is attributed to co-accused Dil Sher. The role attributed to the applicant in commission of incident apparently only to the extent of his presence. No doubt the applicant allegedly during course of incident has also sustained injuries, but there could may no denial to the facts that those injuries are not enough to make him disentitled to grant of pre-arrest bail on point of vicarious liability, when he is alleging to have been involved in this case by the complainant party falsely and malafidely. In these circumstances, the applicant is found entitled to grant of pre arrest bail.

7. In view of above, the 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