ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-380 of 2020

 

Date of hearing

 

Order with signature of Judge

 

 

 

 

                                    For hearing of bail application.

20.08.2020.

                                Mr. Habibullah Ghouri, Advocate for the applicant

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, committed Qatl-e-Amd of Saddam Hussain by causing him fire shot injuries and then went away by making fires in air to create harassment, for that the present case was registered.

2.        The applicant, on having been refused post-arrest bail by learned 1st Additional Sessions Judge/MCTC, Shikarpur, has sought for the same from this Court by way of instant bail 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 in order to satisfy its previous grudge with him; the FIR of the incident has been lodged with unexplained delay of about two days and no active role in commission of the incident is attributed to the applicant. By contending so, he sought for release of the applicant on bail, as his case is calling for further inquiry.

4.        Learned D.P.G for the State has opposed to grant of bail to the applicant by contending that he is vicariously liable for the commission of the incident.

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

6.        The FIR of the incident has been lodged with delay of about two days and the role attributed to the applicant in commission of the incident is only to the extent of his instigation. The parties are already disputed; therefore, the involvement of the applicant in this case on point of vicarious liability 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