ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S-581 of 2022

(Ghulam Hyder Bozdar Vs. The State)

1. For Orders on office objection.

2. For hearing of Bail Application

13-02-2023.

Mr. Shabbir Ali Bozdar, advocate for applicants.

Mr. Mumtaz Ali Naich, advocate for 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 murder of Abdullah by causing him fire shot injury, for that the present case was registered.

2. The applicant on having been refused Post-Arrest bail by learned Additional Sessions Judge Mirpur Mathelo, has sought for the same from this Court by way of instant Crl. Bail Application under Section 497 Cr.P.C.

3. It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by complainant in order to satisfy his old enmity with him; no effective role in commission of incident is not attributed to him and very case on investigation was recommended by the police to be cancelled under “C” class. By contending so he sought for post-arrest bail for the applicant on point of further inquiry.

4. Learned DPG for the State and learned counsel for the complainant have opposed to grant of pre-arrest bail to applicant by contending that he is vicariously liable for the commission of incident.

5. Heard arguments and perused the record.

6. The role attributed to applicant in commission of incident is only to the extent that he caught hold the deceased, when he was fired at by co-accused Muhammad Shaban. The very case on investigation was recommended by the police to be cancelled under “C” class by making a conclusion that deceased has committed suicide. Parties are already disputed, therefore, vicariously liability, if any, on the part of applicant would be determined at trial. In these circumstances a case for grant of post arrest bail on point of further inquiry in favour of applicant obviously is made out.

7 In view of above, the applicant is admitted to bail subject to his furnishing surety in the sum of Rs. 200,000(Two Lac) and P.R bond in the like amount to the satisfaction of learned trial Court.

8. The instant Crl. Bail Application is disposed of accordingly.

Judge

Nasim/P.A.