ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-449 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

29.11.2021

                        Mr. Ali Raza Bughio, Advocate for the applicant.

Complainant Mst. Mumtaz Khatoon in person.

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

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IRSHAD ALI SHAH - J;- It is alleged that the applicant with rest of the culprits, in furtherance of their common intention, committed murder of Ali Sher by causing him fire shot injuries, for that the present case was registered.

                        The applicant on having been refused post-arrest bail by learned 6^th Additional Sessions Judge, Larkana, 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 complainant; the FIR of the incident has been lodged with delay of about one day and no active role in commission of the incident is attributed to the applicant, therefore, the applicant is entitled to grant of post-arrest bail on point of further inquiry. In support of his contentions, he relied upon case of Qurban Ali Vs. The State and others (2017 SCMR-279).

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

                        I have considered the above arguments and perused the record.

                        The FIR of the incident has been lodged with delay of about one day and role attributed to the applicant in commission of the incident is only to the extent of instigation. Whether the applicant actually participated in commission of the incident? It requires determination at trial. The parties are already disputed. The case has finally been challaned. There is no apprehension of tampering with the incident on the part of applicant. 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.200,000/-and PR bond in the like amount to the satisfaction of learned trial Court.

                        The instant criminal bail application is disposed of accordingly.     

                                                                                                   J U D G E