IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-259 of 2018

Applicant               :                Allah Jurio son of Ladho Jagirani, Through Mr.Muhammad Afzal Jagirani, Advocate

The State   :                            Through Mr.Sharafuddin Kanhar,  A.P.G

Date of hearing   :                  10.09.2018          

Date of order      :                  10.09.2018

O R D E R

IRSHAD ALI SHAH, J.- It is alleged that  the applicant with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, committed death of Ghulam Abbas by causing him fire shot injuries and then went away by making aerial firing to create harassment, 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; the role attributed to the applicant in commission of the incident is only to the extent of making aerial firing, he on investigation was found to be innocent by the police. By contending so, he sought for release of the applicant as according to him his case is calling for further enquiry.

4.                Learned A.P.G has opposed to grant of bail by contending that he failed to join the trial soon after of his joining in case as an  accused by learned trial Court.

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

6.                The specific role of causing death of the deceased is attributed to co-accused Ladho. The role attributed to the applicant in commission of the incident is only to the extent that he made aerial firing at the time of incident to create harassment, he on investigation was found to be innocent by the police and his name was kept in column No.2 of the challan sheet. The parties are already disputed over issue of “Karap”. In that situation, it is rightly being contended by learned counsel for the applicant that the applicant is entitled to be released on bail on point of further enquiry.

7.                In view of facts and reasons discussed above, the applicant is admitted to bail subject to his furnishing surety in the sum of Rs.100,000/- and P.R bond in the like amount to the satisfaction of learned trial Court.  

8.                Above are the reasons of short order dated 10.09.2018, where by the applicant was admitted to bail.

                                                                            J U D G E