ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-564 of 2021.

_______________________________________________________________________

DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

_______________________________________________________________________

For hearing of bail application.

14.02.2022

                        Mr. Ahmed Bux Abro, Advocate for the applicant.

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

                        =  *  = * = * = * = * =

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, committed murder of Asghar Ali, by causing him fire shot injuries and then went away by insulting complainant Mst.Razia, for that the present case was registered. 

                        The applicant on having been refused pre-arrest bail by learned   1^st Additional Sessions Judge/MCTC, Dadu, has sought for the same from this Court by way of instant application under section 498-A 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 to satisfy her enmity with him over the landed property; 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 his presence; therefore, he is entitled to grant of pre-arrest bail on point of further inquiry and malafide.

                        Learned Addl.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.

                        I have considered the above arguments and perused the record.

                        The parties are disputed over the landed property and the role attributed to the applicant in commission of the incident is only to the extent of his presence allegedly at time of incident, therefore, vicarious liability on his part in commission of incident, if any, is calling for determination at trial. In these circumstances, the applicant is found entitled to grant of pre-arrest bail on point of further inquiry and malafide.

                        In view of above, the interim pre-arrest bail already granted to the applicant is confirmed on same terms and conditions.

                        The instant criminal bail application is disposed of accordingly.

J U D G E