ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail. Application No.S- 184 of 2021

For hearing of Bail Application

26-04-2021.

Mr. Alam Sher Bozdar, advocate for applicants.

Syed Sardar Ali Shah Rizvi, DPG for the State.

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Irshad Ali Shah, J;- It is alleged that the applicants with one more culprit in furtherance of their common intention, committed murder of Asif Ali by causing him fire shot injuries, for that the present case was registered.

2. The applicants on having been refused post-arrest bail by learned 1^st Additional Sessions Judge/(MCTC) Ghotki, have 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 applicants that applicants being innocent have been involved in this case falsely by the complainant party in order to satisfy its matrimonial dispute with them; the FIR of the incident has been lodged with the delay of about one day and no active role in commission of incident is attributed to the applicants, therefore, they are entitled to be released on bail point of further inquiry. In support of his contention, he has relied upon case of Faraz Akram Vs. The State (1999 SCMR 1360).

4. Learned DPG for the State has recorded no objection to release of applicants on bail.

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

6. The FIR of the incident has been lodged with delay of about one day and effective role in commission of incident is attributed to co-accused Nawab @ Baloo. The role attributed to the applicants in commission of incident is only to the extent of their presence at the place of incident, their identity even otherwise under the light of bulb is appearing to be weak piece of evidence, therefore, their involvement in the instant case on the basis of vicarious liability obviously is calling for further inquiry.

7. In view of above, the applicants are admitted to bail, subject to their furnishing solvent surety in the sum of rupees two lacs each and P.R bond in the like amount to the satisfaction of learned trial Court.

8. Instant Cr. Bail Application is disposed of in above terms.

Judge

Nasim/Steno.