ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-242 of 2022

Date	Order with signature of Judge

Applicant : Jam Khan s/o Menhon Khan Mari, through

Mr. Muhammad Akram Jhamat, Advocate

Respondent : The State, through

Mr. Shafi Muhammad Mahar, D.P.G.

Date of hearing : 20.06.2022

Dated of order : 20.06.2022

O R D E R

ZAFAR AHMED RAJPUT, J: By means of instant Cr. Bail Application, applicant Jam Khan Mari seeks pre-arrest bail in Crime No.46 of 2022, registered at P.S. Tando Masti Khan under Section 302, 337-H(ii), 147, 148, 149, P.P.C. His earlier application for grant of same relief bearing No.1836 of 2021 was heard and dismissed by the learned Additional Sessions Judge-I/ (MCTC), Khairpur, vide order dated 17.07.2021. The applicant was admitted to interim pre-arrest bail by this Court, vide order dated 26.05.2022, now the matter is fixed for confirmation of interim bail or otherwise.

2. It is alleged that, on 03.06.2020 at about 0130 hrs., at the Otaq of complainant Abdul Ghafoor s/o Bukhsh Ali, the applicant being a member of an unlawful assembly and in prosecution of the common object of that assembly made aerial firing from his Kalashnikov in order to create harassment, while other members of the same, namely, Bego Mari and Lakhmir Jalbani committed murder of complainant’s brother, namely, Nooreed Ali by causing hatchet blows to him, for that the accused persons were booked in the aforesaid F.I.R.

3. After hearing the learned counsel for the applicant as well as learned Deputy Prosecutor General and perusing the material available on record, it appears that during investigation the applicant was found to be innocent and his name was placed in column No.2 of the Challan with blue ink. It further appears that specific role of causing murder of the deceased has been attributed to co-accused Bego Mari and Lakhmir Jalbani, while allegation against the present applicant is that of making aerial firing with K.K to create harassment; however, admittedly neither he caused any injury to the deceased nor any overact has been alleged against him. The question of vicarious liability of the applicant with regard to the commonness of his intention and object with co-accused for causing hatchet blows to deceased and its further extension to the result that followed i.e. his death, will have to be determined at the trial to see if guilt of applicant under section 302, 147, 148 and 149, P.P.C. is established as alleged by the prosecution; especially, under the circumstance when the name of the applicant has been placed in column No.2 of the Challan with blue ink. Under the circumstances, I have found the case of the applicant as one of further inquiry as envisaged under sub-section 2 of Section 497, Cr.P.C.

4. Accordingly, the interim pre-arrest bail already granted to the applicant by this Court, vide order dated 26.05.2022 is hereby confirmed on same terms and conditions.

5. Above are the reasons of my short order announced in Court today i.e. 20.06.2022.

JUDGE

Faisal Mumtaz/PS