ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-45 of 2020

DATE                          ORDER WITH SIGNATURE OF JUDGE

For hearing of bail application.

20.04.2020.

Mr. Nadeem Ahmed Khoso, Advocate for applicants.

Mr. Muhammad Noonari, D.P.G for the State.

                                                        -.-.-.-.-.-.-.-.-

Irshad Ali Shah-J; It is alleged that the applicants with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, caused hatchet, knife and butt injuries/blows to Haji Pir Bux, with intention to commit his murder, who died of said injuries subsequently, for that the present case was registered accordingly.

2.       The applicants sought for their release by way of filing separate applications u/s 497 Cr.PC, those have been dismissed by learned 2^nd Additional Sessions Judge, Jacobabad, by way of separate orders, thereafter, the applicants by way of making instant application u/s.497 Cr.PC have sought for their release on bail from this Court.

3.       It is contended by learned counsel for the applicants that the applicants being innocent have been involved in this case falsely by the complainant party only to satisfy their old enmity with them; the FIR has been lodged with delay of about one day; it is not disclosing the factum of death of the deceased; the medical evidence is in conflict with ocular account; therefore, the applicants according to him are entitled to be released on bail on point of further inquiry.

4.       It is contended by learned D.P.G. for the State that the applicants are neither innocent, nor are involved in this case falsely by the complainant party; section 302 PPC was inserted in the case after death of the deceased; the applicants have committed the death of deceased in prosecution of their common object; the deeper appreciation of the facts and circumstances is not permissible at bail stage and the applicants have rightly been refused bail by learned trial Court.

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

6.       No active role in commission of the incident is attributed to applicant Noor Ahmed, his involvement in commission of the incident on the basis of vicarious liability obviously is calling for further inquiry, he is therefore admitted to bail subject to his furnishing surety in sum of Rs.300,000/- and P.R bond in the like amount to the satisfaction of learned trial Court. The instant bail application in respect of applicant Noor Ahmed is allowed.

7.                So far case of applicants Raham Dil, Abdul Ghaffar and Parvez Ahmed is concerned; it is on distinguishable facts and circumstances. They have been attributed active role of causing hatchet, knife and butt injuries/blows to Haji Pir Bux, as a result of such injuries/blows, he died at hospital. In that situation, it would be premature to say that they being innocent have been involved in this case falsely by the complainant party. The delay in lodgment of the FIR is explained in FIR itself plausibly, the same even otherwise could not be resolved by this Court in favour of the applicants at this stage. There may be conflict between the parties, medical and ocular evidence but the same could not be resolved by this Court simply for the reason that it is settled by now that the deeper appreciation of the facts and circumstances is not permissible while deciding bail application. There appear reasonable grounds to believe that applicants Raham Dil, Abdul Ghaffar and Parvez Ahmed are guilty of the offence, for which they have been charged and they are not found entitled to be released on bail. Consequently, the instant bail application in respect of applicants Raham Dil, Abdul Ghaffar and Parvez Ahmed is dismissed.

8.                Disposed of.

                                                                                         J U D G E