ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S- 688 of 2020

For hearing of Bail Application

16-04-2021.

Mr. Sikander Ali Junejo, advocate for the applicant.

Mr. Saeed Ahmed Bhatt, advocate for the complainant.

Mr. Shafi Muhammad Mahar, DPG 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 death of Khan Muhammad by causing him fire shot injuries and then went away by 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 Additional Sessions Judge-III, Khairpur, has sought for the same from this Court by way of instant bail application under Section 497 Cr.P.C.

3. It is contended by learned counsel for the applicant that applicant being innocent has 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 applicant; the very case on investigation was recommended by police to be disposed of under “A” class and co-accused Sahib Dino @ Allah Dino & three others have already been admitted to bail by this Court, therefore the applicant is entitled for grant of bail on point of further inquiry and consistency.

4. Learned DPG for the State has recorded no objection to grant of bail to the applicant while learned counsel for the complainant has opposed to grant of bail to the applicant by contending that he is 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. The role attributed to the applicant in commission of incident is only to the extent of instigation and making aerial firing, therefore, his involvement in commission of incident on point of vicarious liability is calling for its determination at trial. The parties are already inimical with each other. Co-accused Sahib Dino @ Allah Dino & three others have already been admitted to bail by this Court; therefore, it is rightly being contended that the applicant is entitled to grant of bail on point of further inquiry and consistency.

7. In view of above, the applicant is granted to bail subject to furnishing solvent surety in the sum of Rs. One lac and P.R bond to the like amount to entire satisfaction of learned trial Court.

8. Instant Crl. Bail Application is disposed of accordingly.

Judge

Nasim/Steno.