ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-545 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

21.02.2022

                        Mr. Abdul Rasool Abbasi, Advocate for the applicant.

                        Mr. Riaz Hussain Dero, 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, not only committed murder of Madad Ali by causing him fire shot injuries but caused fire shot injuries to PWs Hussain Bux and Imran with intention to commit their murder too and then went away by insulting the complainant party, for that the present case was registered.

2.         The applicant on having been refused post arrest bail by learned             1^st Additional Sessions Judge, Dadu, 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 himself was caused fire shot injury by the complainant party and then was involved in this case falsely to save themselves from legal consequences; the parties are disputed over the passage; the FIR of the incident has been lodged with delay of about one day and no active role in commission of the incident even otherwise is attributed to the applicant. 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 is vicariously liable for the commission of the incident.

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

6.         Apparently, no active role in commission of the incident is attributed to the applicant; therefore, his involvement in commission of the incident on point of vicarious liability is calling for its determination at trial. 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/- 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