ORDER SHEET
IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR
Crl. Bail Application No.S- 609 of 2020
1.
For orders on office objection.
2.
For hearing of bail application
05-04-2021.
Mr. Abdul Ghani
Abro, advocate for the applicants.
Mr.
Saeed Ahmed Bhatt, advocate for the complainant.
Mr.
Syed Sardar Ali Shar Rizvi, DPG for the State.
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Irshad Ali Shah, J; It
is alleged that the applicants with rest of the culprits after having formed an
unlawful assembly and in prosecution of their common object committed murder of
Khan Muhammad by causing him fire shot injuries and then went away by making
fires in air to create harassment, for that the present case was registered.
2. The applicants on having been refused
pre-arrest bail by learned Additional Sessions Judge-III, Khairpur, have sought
for the same from this Court by way of instant bail application under Section
498-A Cr.P.C.
3. It is contended by learned counsel for
the applicants that applicants being innocent have been involved in this case
falsely by the complainant party in order to satisfy its old enmity with them; no
active and effective role in commission of incident has been attributed to the
applicants and the very case on investigation was recommended by police to be
disposed of under “A” class, therefore the applicants are entitled for grant of
pre arrest bail as they are apprehending their unjustified arrest after taking
of cognizance of the case by learned trial Magistrate.
4. Learned DPG for the State has recorded
no objection to grant of pre arrest bail to applicants while learned counsel
for the complainant has recorded objection to grant of pre arrest bail to the
applicants by contending that they are vicarious-ably liable for the commission
of incident.
5. I have considered the above arguments
and perused the record.
6. The very case on investigation was
recommended by the police to be cancelled under “A” class. No effective or
active role in commission of incident even otherwise is attributed to the
applicants. The parties are already inimical with each other, therefore the
involvement of the applicants in commission of incident on point of vicarious
liability is calling for its determination at trial. In these circumstances,
the applicants are found entitled to grant of pre arrest bail on point of
further inquiry and malafide.
7. In view of above, interim pre-arrest
bail already granted to the applicants is confirmed on same terms and
conditions.
8. Instant Crl. Bail Application is
disposed of accordingly.
Judge
Nasim/Steno.