ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-378 of 2020

Date of hearing

Order with signature of Judge

                                    For hearing of bail application.

06.08.2020

Mr.Syed Fida Hussain Shah, Advocate for the applicant

                        Mr. Ghulam Mustafa Junejo, Advocate for complainant

Mr. Muhammad Noonari, Deputy Prosecutor General

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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 not only committed Qatl-e-Amd of Noor Ahmed but caused lathi blows to PWs Moula Bux, Munawar, Imran and Raja and then went away by making aerial firing to create harassment, for that the present case was registered.

2.        The applicant on having been refused post arrest bail by learned 1^st Additional Sessions Judge/MCTC, Shikarpur, has sought for the same from this Court by way of instant application u/s 497 Cr.P.C.

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 in order to satisfy their old enmity with him over landed property; even otherwise, the role attributed to the applicant in commission of the incident is only to the extent of the instigation and/or causing of unspecified lathi blows to PWs Moula Bux, Munawar, Imran and Raja and there is counter version of the incident. By contending so, he sought for release of the applicant on bail on point of further enquiry.

4.        Learned D.P.G. 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 the incident.

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

6.        The role attributed to the applicant in commission of the incident is only to the extent of the instigation and/or causing of unspecified lathi blows to PWs Moula Bux, Munawar, Imran and Raja. The parties admittedly are disputed over the landed property. In that situation, the involvement of the applicant in commission of the incident obviously is calling for further inquiry.

7.        In view of above, the applicant is admitted to post arrest bail subject to his furnishing solvent surety in the sum of Rs.200,000/- and P.R bond in the like amount to the satisfaction of learned trial court.

8.        The instant bail application is disposed of accordingly.

                                     J U D G E