ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-522 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

03.01.2022

                        Mr. Ahmed Bux Abro, Advocate for the applicant.

Mr. Suhendar Kumar, Advocate for the complainant.

                        Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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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, caused fire shot injury to PW Mir Hassan at his abdomen with intention to commit his murder and then went away by insulting complainant Ahmed Khan and his witnesses and 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             1^st Additional Sessions Judge, Shahdadkot, has sought for the same from this Court by way of instant 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 in order to satisfy its previous grudge with him; the role attributed to the applicant in commission of the incident is only to the extent of instigation and co-accused Mujeeb and three others have already been admitted to bail by learned trial Court; therefore, the applicant is entitled to grant of bail on point of further enquiry and consistency.

4.         Learned Addl.P.G for the State and learned counsel for the complainant have opposed to grant of bail to the applicant by contending that he has actively participated in commission of the incident by instigating others.

5.         I have considered the above arguments and perused the record.

6.         Admittedly, the role attributed to the applicant in commission of the incident is only to the extent of instigation; therefore, the vicarious liability on his part in commission of the incident is calling for its determination at trial. In these circumstances, a case for grant of bail to the applicant on point of further enquiry obviously is made out.

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

8.         The instant criminal bail application is disposed of accordingly.

                                                                             JUDGE