IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-404 of 2018

Applicant               :                Abdul Majeed s/o Ghulam Hyder Mugheri

Through Mr.Asif Ali Abdul Razzak Soomro,      Advocate

Complainant       :                  Hakeem Mugheri through

Mr.Muhammad Ali Pirzado, Advocate

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

Date of hearing   :                  03.12.2018          

Date of order      :                  03.12.2018

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 Qatl-e-
Amd of Wajid Ali, by causing him fire shot injuries and then went away by causing kicks and fists blows to complainant party, for that the present case was registered.

2.                On having been refused post-arrest bail by learned 2^nd Additional Sessions Judge, Qamber, the applicant has 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 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 instigation and the parties are already disputed over the landed property. By contending so, he sought for release of the applicant on bail on point of further enquiry. In support of his contention he relied upon case of Muhammad Irfan Vs. The State and others (2014 SCMR-1347).

4.                Learned A.P.G and learned counsel for the complainant have opposed to release of the applicant on bail by contending that he has actively participated in commission of the incident by instigating rest of the culprits to commit the incident and on arrest from him has been secured incriminating hatchet.

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

6.                The specific role of committing death of the said deceased by causing him fire shot injuries is attributed to co-accused Allah Rakhio alias Muno. The role attributed to the applicant in commission of the incident is only to the extent of instigation, which obviously calls for its determination at trial. The parties admittedly are disputed over the landed property. No doubt, on arrest from the applicant has been secured incriminating hatchet but there could be made no denial to the fact that it was not used by the applicant in commission of the incident. In these circumstances, it is rightly being contended by learned counsel for the applicant that the applicant is entitled to be released on bail as his case is calling for further enquiry.

7.                In view of above, while relying upon case law which is referred by learned counsel for the applicant, the applicant is admitted to bail subject, to furnishing surety in the sum of Rs.300,000/- 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

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