ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Crl.Bail Appln.No.S-555 of 2021.
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DATE ORDER WITH SIGNATURE OF HON’BLE JUDGE
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For hearing of bail application.
10.02.2022
Mr. Dildar Ali Chandio, Advocate for the applicant.
Mr. Abdul Hakeem Brohi, Advocate for the complainant.
Mr. Abdul Ghaffar Kalhoro, A.P.G 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 Ranjhan by causing him fire shot injuries and then went away by making fires in air to create harassment and at complainant Abdul Hakeem to commit his murder too, for that the present case was registered.
2. The applicant on having been refused post arrest bail by learned Additional Sessions Judge, Ratodero, 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; the FIR of the incident has been lodged with delay of about one day and the role attributed to the applicant in commission of the incident is only to the extent that he fired at the complainant which proved to be ineffective. By contending so, he sought for release of the applicant on bail on point of further enquiry. In support of his contention, he relied upon case of Wajid Ali Vs. The State and another (2017 SCMR-116).
4. Learned A.P.G. for the State and learned counsel for the complainant have opposed to release of the applicant on bail by contending that he is vicariously liable for commission of the incident.
5. I have considered the above arguments and perused the record.
6. The role attributed to the applicant in commission of the incident is only to the extent that he either made fires in air to create harassment or at the complainant with intention to commit his murder. The firing at the complainant proved to be ineffective one; therefore, the vicarious liability on the part of applicant in commission of the incident is calling for its determination at trial. In these circumstances, a case for release of the applicant on bail on point of further enquiry is made out obviously.
7. In view of above, the applicant is admitted to bail subject to his furnishing solvent surety in the sum Rs.200,000/- and PR bond in the like amount, to the satisfaction of the learned trial Court.
8. The instant criminal bail application is disposed of accordingly.
JUDGE