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