ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-373 of 2020

 

Date of hearing

 

Order with signature of Judge

 

 

 

 

 

 

 

 

 

 

                                    For hearing of bail application.

24.08.2020.

                                Mr. Saeed Ahmed Bijarani, 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, not only committed Qatl-e-Amd of Siraj Ahmed by causing him fire shot injuries but caused fire shot injury to PW Fazaluddin, with intention to commit his murder 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 1st Additional Sessions Judge, Kandhkot, has 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 applicant that the applicant being innocent has been involved in this case falsely by the complainant party in order to satisfy its old enmity with him; the FIR has been lodged with delay of about three days; the applicant on investigation was found to be innocent by the police and his name was kept in column No.2 of the charge sheet and the role attributed to the applicant in commission of the incident is only to the extent that he caused fire shot injuries to PW Fazaluddin. By contending so, he sought for release of the applicant on bail as his case is calling for further inquiry. In support of his contention he has relied upon      case of Attaullah and 3 others Vs. The State and another               (1999 SCMR-1320).

4.        Learned D.P.G for the State has opposed to grant of post-arrest 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 FIR of the incident has been lodged with delay of about three days and such delay could not be overlooked. The applicant on investigation has been found to be innocent by the police and his name was placed in column No.2 of the charge sheet. The role attributed to the applicant in commission of the incident even otherwise is only to the extent that he caused fire shot injury to PW Fazaluddin with intention to commit his murder. The parties are area already disputed with each other. In these circumstances, it is rightly being contended by learned counsel for the applicant that the guilt of the applicant 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.

 

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