ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Crl.Bail Appln.No.S-265 of 2020
Date of hearing |
Order with signature of Judge |
For hearing of bail application.
07.09.2020
Mr. Nadeem Ahmed Qureshi, Advocate for applicants
Mr. Saeed Ahmed Bijarani, Advocate for complainant
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, after having formed an unlawful assembly and in prosecution of their common object, not only committed Qatl-e-Amd of Ghulam Mustafa by causing him fire shot injuries but caused fire shot injuries to PWs Rashid Ali and Inayatullah, with intention to commit their murder and then went away by making aerial firing to create harassment, for that the present case was registered.
2. The applicants on having been refused post-arrest bail by learned 1st Additional Sessions Judge/MCTC, Larkana, have 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 applicants that the applicants being innocent have been involved in this case falsely by the complainant party in order to satisfy their old enmity with them; the FIR of the incident has been lodged with unexplained delay of one day and the involvement of the applicants in commission of the incident is calling for its determination at trial. By contending so, he sought for release of the applicants 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 applicants by contending that they have actively participated in commission of the incident.
5. I have considered the above arguments and perused the record.
6. The role attributed to applicant Roshan in commission of the incident is only to the extent that he made aerial firing to create harassment, therefore, the vicarious liability on his part in commission of the incident obviously is calling for determination at trial, therefore, he on point of further inquiry is admitted to bail subject to his furnishing surety in sum of Rs.200,000/- and P.R bond in the like amount to the satisfaction of learned trial court.
7. So far the case of applicant Abdul Razzaque and Deedar Ali is concerned, it is on distinguishable facts, they obviously have been attributed the role of causing fire shot injuries to deceased Ghulam Mustafa and on arrest from them have been secured crime weapons. In that situation, it would be premature to say that they being innocent have been involved in this case falsely. No doubt, there is delay of about one day in lodgment of the FIR but it is explained in FIR itself, the same even otherwise could not be resolved in their favour by this Court at this stage. There appear reasonable grounds to believe that they are guilty of the offence with which they are charged. No case for grant of bail to them is made out.
8. The instant bail application is disposed of accordingly.
J U D G E