ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-478 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

17.02.2022

                        Mr. Asif Ali Abdul Razzak Soomro, Advocate for the applicant.

                        Mr. Habibullah Ghouri, 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, committed murder of Sajid Ali by causing him fire shot injuries and then went away by causing fire shot injuries to PWs Abdul Rehman, Abdul Fattah and Abdul Rahim, with intention to commit their murder too and making fires in air to create harassment, 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 party; the FIR of the incident has been lodged with delay of about one day; co-accused Abdul Khalique with similar role has already been admitted to post-arrest bail by this Court and there is counter version of the incident.     By contending so, he sought for release of the applicant on bail on point of further enquiry.

4.         Learned Addl.P.G. for the State and learned counsel for the complainant have opposed to release of applicant on bail by contending that he has actively participated in commission of the incident and co-accused Abdul Khalique was admitted to bail mainly for the reason that he on investigation was found to be innocent by the police.

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 caused fire shot injury to PW Abdul Fattah on wrist of his left hand, which is non-vital part of his body. Co-accused Abdul Khalique with utmost similar role has already been admitted to post-arrest bail by this Court after being joined in trial. The parties are said to be disputed over the passage. In these circumstances, the guilt of the applicant in commission of the incident obviously is calling for further enquiry.

7.         In view of above, the applicant is admitted to bail subject to his furnishing solvent surety in the sum Rs.200,000/- each 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