ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-178 of 2020

DATE                          ORDER WITH SIGNATURE OF JUDGE

For hearing of bail application.

27.04.2020.

Mr. Abdul Rehman Bhutto, Advocate for the applicants.
Complainant Mst.Gullan Khatoon

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

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

Irshad Ali Shah-J: It is alleged by the prosecution that applicants with rest of the culprits, being armed with deadly weapons, after having formed an unlawful assembly and in prosecution of their common object, not only committed Qatl-e-Amd of Muhammad Usman by causing him fire shot injuries but caused fire shot injuries to PWs Akbar and Hyder with intention to commit their murder too, for that the present case was registered.

2.       The applicants on having been refused pre-arrest bail by learned 1^st Additional Sessions Judge/MCTC, Shikarpur have sought for the same from this Court by way of instant application u/s 498 Cr.P.C.

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 in order to satisfy old enmity with them; no effective role in commission of the incident is attributed to the applicants and they on investigation have also been found to be innocent by the police, therefore, the applicants according to him are entitled to grant of pre-arrest bail on points of malafide and further inquiry. In support of his contention, he relied upon case of Muhammad Boota Vs. The State and others ( 2014 SCMR-1355).

4.       Learned D.P.G. for the State who is assisted by the complainant has opposed to grant of pre-arrest bail to the applicants by contending that they are vicariously liable for the commission of the incident.

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

6.       The role attributed to the applicants in commission of the incident only to the extent of their mere presence at the place of incident; they on investigation have been let off by the police by finding them to be innocent; the parties are already disputed, therefore, the vicarious liability in commission of the incident, on their part, if any, is calling for determination at trial, they as such are found entitled to grant of pre-arrest bail on points of malafide and further inquiry.

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

8.                The instant bail application is disposed of accordingly.

                                                                                         J U D G E