ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-310 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

22.10.2021

                        Mr. Ahmed Bux Abro, Advocate for the applicant.

Mr. Abdul Ghaffar, Addl. Prosecutor General for the State.

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IRSHAD ALI SHAH - J;- It is alleged that the applicant with rest of the culprits deterred the police party of P.S Sijawal, led by ASI Mushtaque Ali, from discharging its lawful duty as public servants by making fires at them with intention to commit their murder and on arrest from him, was secured an unlicensed Pistol and a Car, allegedly robbed at Karachi, for that the present case was registered.

                        The applicant on having been refused post-arrest bail by learned 1^st Additional Sessions Judge, Shahdadkot, has sought for the same from this Court by way of instant application under section 497 Cr.PC.

                        It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police; the firing is ineffective one; there is no independent witness to the incident and the applicant has nothing to do with recovery of robbed Car; therefore, the applicant is entitled to grant of post-arrest bail on point of further inquiry.

                        Learned Additional Prosecutor General for the State has opposed to grant of post-arrest bail to the applicant by contending that he is vicariously liable for the commission of the incident.

                        I have considered the above arguments and perused the record.

                        The firing is ineffective one. There is no independent witness to the incident. The applicant has shown his ignorance about the robbed Car allegedly recovered in the present case. The applicant is said to be in custody since four months without effective trial. In these circumstances, the applicant is found entitled to grant of post-arrest bail as his case is calling for further inquiry.

                        In view of above, the applicant is admitted to bail subject to his furnishing surety in sum of Rs.50,000/-and PR bond in the like amount to the satisfaction of learned trial Court.

                        The instant application is disposed of accordingly.     

                                                                                         J U D G E