ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Crl.Bail Appln.No.S-400 of 2020
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Date of hearing |
Order with signature of Judge |
For hearing of bail application.
25.09.2020
Applicant in person
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, fired and injured PW Peeran Bux, with intention to commit his murder and then went away by causing fire shot injuries to seven buffaloes and making aerial firing to create harassment, that the present case was registered.
2. The applicant, on having been refused pre-arrest bail by learned Sessions Judge, Kashmore @ Kandhkot, has sought for the same from this Court by way of instant bail application u/s.498 Cr.PC.
3. It is contended by the applicant that he being innocent has been involved in this case falsely by the complainant party in order to satisfy its old enmity with him and no specific role in commission of the incident is attributed to him. By contending so, he sought for pre-arrest bail for him on point of further inquiry and malafide.
4. Learned D.P.G for the State has opposed to grant of pre-arrest 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 parties are already disputed and no role of causing fire shot injury to PW Peeran Bux or any of the buffalo is attributed to the applicant specifically. Co-accused Ghulam Rasool and Noor Hassan have been let off by the police. In that situation, a case for grant of pre-arrest bail to the applicant on point of malafide and further inquiry obviously is made out.
7. In view of above, the interim pre-arrest bail earlier granted to the applicant is confirmed on the same terms and conditions.
8. The instant bail application is disposed of accordingly.
J U D G E