ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-370 of 2020

Date of hearing

Order with signature of Judge

                                    For hearing of bail application.

24.08.2020.

Mr. Nadeem Ahmed Khoso, Advocate for the applicants

Mr. Abid Hussain Qadri, LRs. of the deceased

Mr. Muhammad Noonari, Deputy Prosecutor General

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IRSHAD ALI SHAH, J.- It is alleged that the applicants with rest of the culprits, in furtherance of their common intention, committed Qatl-e-Amd of Ghulam Nabi, by declaring him to be “Karo” with his wife Mst.Khadeeja, for that the present case was registered.

2.        The applicants, on having been refused post-arrest bail by learned 1^st Additional Sessions Judge, Jacobabad, have sought for the same from this Court by way of instant bail application u/s.497 Cr.PC.

3.        It is contended by learned counsel for the applicants that the applicants being innocent have been involved in this case falsely by the police; the complainant is not an eye witness of the incident and the specific role of causing death of the deceased is attributed to co-accused Illahi Bux. By contending so, he sought for release of the applicants on bail as their case is calling for further inquiry. In support of his contentions , he has relied upon case of Mukaram Vs. The State and another (2020 SCMR-956).

4.        Learned D.P.G for the State and learned counsel for the complainant have opposed to release of the applicants on bail by contending that they are vicariously liable in commission of the incident.

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

6.        No relative of the deceased has come forward to lodge FIR of the incident, it is recorded by the complainant in his capacity as police officer, which appears to be significant.  Complainant is not an eye witness of the incident and he has involved the applicants in commission of the incident on the basis of information furnished by PWs Hadi Bux, Allahdad and Mst.Bakhtawar. However, they in their 161 Cr.PC statements have attributed the role of committing death of the deceased by causing him fire shot injury to co-accused Illahi Bux. In that situation, the involvement of the applicants in commission of the incident on the point of vicarious liability of course is calling for further inquiry.

7.        In view of above, the applicants are admitted to post arrest bail subject to their furnishing solvent surety in the sum of Rs.200,000/- each 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