ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-13 of 2022.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

14.03.2022

                        Mr. Azhar Hussain Abbasi, Advocate for the applicant.

Mr. Shahbaz Ali Brohi, 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 Mumtaz Ali by causing him fire shot injuries and then went away by causing fire shot injury to PW Ghulam Hadi with intention to commit his murder too 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             Sessions Judge, Shikarpur, 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 and the role attributed to the applicant in commission of the incident is only to the extent of instigation; therefore, he is entitled to be released 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 the applicant on bail by contending that he is vicariously liable for commission of the incident and on arrest from him has been secured lathi which he was having at the time of incident.

5.         Heard 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. Whether, he actually participated in commission of the incident, it requires determination at trial. The parties are already disputed. The case has finally been challaned and there is no apprehension of tampering with the evidence on the part of applicant. In these circumstances, a case for release of the applicant on bail on point of further inquiry obviously is made out and such concession could not be denied to him only for the reason that on arrest from him has been secured lathi which he allegedly was having at the time of incident.

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