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.