ORDER SHEET

IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Bail Application No.894 of 2022

DATE ORDER WITH SIGNATURE OF JUDGE

For hearing of bail application

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06.07.2022

Mr. Kausar Ali Shar, advocate for the applicant Ahsan

Ms. Seema Zaidi, Addl: Prosecutor General Sindh

None present for the complainant

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Irshad Ali Shah J.— It is alleged that the applicant with rest of the culprits in furtherance of their common intention committed murder of Muhammad Irfan by causing fire shot injury, for that the present case was registered. On having been refused post-arrest bail by learned Model Criminal Trial Court Malir, Karachi the applicant has sought for the same from this Court by way of instant application under section 497 Cr.PC.

It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant by way of further statement only to settle his matrimonial dispute with him; the FIR has been lodged with delay of about two days; role attributed to the applicant in the commission of incident is only to the extent of abetment and co-accused Muhammad Nadeem with utmost similar role has already been admitted to bail by the learned trial court; one of the co-accused has already been let off by the police by placing his name in column No.2 of the challan sheet, therefore, the applicant is entitled to be released on bail on point of further inquiry and consistency. In support of his contention he has relied upon case of Muhammad Naeem Hassan versus the State (2022 S C M R 523).

None has come forward to advance arguments on behalf of the complainant. However, learned Additional Prosecutor General for the State has opposed to release of the applicant on bail by contending that he is vicariously liable for the commission of incident.

Heard argument. Perused record.

Initially accused Iftikhar alias Babu and Hasan were named in FIR to be responsible for death of the deceased. Subsequently, the complainant by way of further statement disclosed the names of accused Muhammad Nadeem and the applicant to be responsible for the above incident as abettors. PW Mst. Nasreen has also involved accused Muhammad Nadeem and the applicant in commission of incident by making her 161/164 Cr.PC statement but the role attributed by her to them in commission of incident is only to the extent of threats, those surprisingly were issued even prior to the actual incident. In that situation the vicarious liability on the part of the applicant in commission of incident if any obviously would require determination at trial. Co-accused Muhammad Nadeem with utmost similar role has already been admitted to bail by learned trial court. In these circumstances, a case for release of the applicant on bail on the point of further inquiry and consistency obviously is made out.

In view of above, the applicant is admitted to bail, subject to his furnishing surety in sum of Rs.200,000/- and P. R. Bond in the like amount to the satisfaction of the trial court.

The instant bail application is disposed of accordingly.

J U D G E

Gulsher/PS