ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr.B.A.No. 775 of 2023

(Ali Muhammad vs. The State)

Date Order with signature of Judges

For hearing of bail application

06.06.2023

Mr. Raham Ali Rind advocate for the applicant

Mr. Muntazir Mehdi, Addl.PG for the State

-.-.-.-.-.-.-.-.-.

It is alleged that the applicant with rest of the culprits in furtherance of their common intention caused dagger blows to P.W Allah Jurio with intention to commit his murder and then went away by insulting the complainant party, for that the present case was registered. The applicant on having been refused pre-arrest bail by learned Additional Sessions Judge, Sujawal has sought for the same from this Court by way of instant bail application u/s 498-A Cr.P.C.

It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant in order to satisfy with him his dispute over landed property; FIR was lodged with delay of about 02 days and no effective role in commission of incident is attributed to the applicant, therefore, he is entitled to be admitted to pre-arrest bail on point of further inquiry and malafide.

Learned Addl. P.G for the state who is assisted by complainant Allah Dino has opposed to grant of pre-arrest bail to the applicant by contending that he is vicariously liable for the commission of incident.

Heard arguments and perused the record.

Admittedly no effective role in commission of the incident is attributed to the applicant therefore, vicariously on his part would be determined at trial. The case has finally be challaned and there is no allegation of misusing the concession of interim pre-arrest bail on part of the applicant. In these circumstances, a case of grant of pre-arrest bail to the applicant on point of further inquiry and malafide obviously is made out.

In view of above, the interim pre-arrest bail already granted to the applicant is confirmed on same terms and conditions.

Instant bail application is disposed of accordingly.

JUDGE