THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-305 of 2022

Applicants:          Jameel Ahmed and Ahsanullah alias Ahsan through Mr. Habibullah G. Ghouri, Advocate.

Complainant:      Imran Ali through Mr. Abdul Sattar Hulio, Advocate.

Respondent:        The State

Through Mr. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh.

Date of hearing:  20.10.2022

Date of Order:     20.10.2022

O R D E R

AMJAD ALI SAHITO, J.- Through instant Criminal Bail Application, applicants/accused Jameel Ahmed and Ahsanullah alias Ahsan both sons of Nihaluddin Bhatti seek post-arrest bail in Crime No. 31/2022, offence under Sections 302 & 34 PPC of the Police Station Civil Lines, Larkana. Prior to this, they filed such application, but the same was turned down by the Court of III-Additional Sessions Judge, Larkana vide order dated 13.06.2022; hence they filed instant Criminal Bail Application.

2.                The details and particulars of the F.I.R. are already available in the bail application  and F.I.R., same could not gathered from the copy of F.I.R. attached with such application, hence, needs not to reproduce the same hereunder.

3.                Per learned counsel, the applicants/accused are innocent and they have been falsely implicated in this case by the complainant with mala fide intention and ulterior motives, which he himself admitted in the F.I.R.. He further submits that if any role is assigned it is against co-accused Yasir Bhatti who has fired upon deceased Ahmed Ali alias Zain otherwise role assigned to the applicants in the F.I.R. is that they have caught hold the deceased Ahmed Ali alias Zain, which is not appealing in the prudent mind and he further submits that the applicants/accused are no more required for further enquiry and it is yet to be determined by the trial Court whether they have committed the offence of not.  Lastly, learned counsel prayed for grant of bail to the applicants/accused.

4.                On the other hand learned counsel for the complainant as well as learned D.P.G have vehemently opposed the grant of bail and submit that the names of the applicants/accused have been appeared in the F.I.R. with specific role that they have caught hold the arms of the deceased and thereafter the co-accused Yasir Bhatti fired upon deceased; as such the applicants/accused are not entitled to the concession of bail.

5. Heard and perused. Though the names of the applicants/accused have been appeared in the F.I.R., but no specific role has been assigned to them that they have fired upon deceased Ahmed Ali alias Zain and they have been shown in the F.I.R. as empty handed. In the case of Qurban Ali vs. The State (2017 SCMR 279), wherein Honourable Supreme Court of Pakistan has granted bail to the accused, who had not been attributed any overt act during the occurrence except the role of raising lalkara. The trial Court in such circumstances has to determine after recording pro and contra evidence, whether the applicants were vicariously liable for the act of their co-accused and that case was one of the further enquiry. It is the trial Court to see whether they have caused the offence or not and at bail stage only tentative assessment could be made.  Learned counsel for the applicants/accused pleaded malafide on the part of the complainant in view of the previous enmity they have been implicated in this case otherwise they are innocent. The case of the applicants/accused is one of further enquiry. In the case of Mumtaz Hussain and 5 others v. The State (1996 SCMR 1125), the bail was granted to the accused on the ground that despite being allegedly armed with deadly weapons like rifle, gun and hatchet only caused simple blunt injuries to some of the prosecution witnesses using the wrong side of their weapons. The question whether the accused in such a situation shared their common intention with the co-accused who had caused the death of the deceased needed further enquiry.   In the instant case role is assigned against the applicants/accused that they have caught hold the deceased Ahmed Ali alias Zain and it is yet to be seen when the evidence would be recorded whether they have shared their common intention to the main accused or not and the at bail stage only tentative assessment is to be made. Learned counsel for the applicants/accused prays that the applicants/accused are in jail and they are no more required for further investigation and their further detention will not improve the case of the prosecution. Learned counsel for the applicants/accused made out case for grant of bail under sub-section (2) of section 497 Cr.P.C. The challan has been submitted and the applicants/accused are no more required for further investigation. 

6.                Accordingly, the bail application is allowed and the applicants/accused are admitted to bail subject to their furnishing solvent surety in the sum of Rs.100,000/-(Rupees One Hundred Thousands only) each and P.R.Bonds in the like amount to  the satisfaction of the learned Trial Court.

7.                Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the learned Trial Court while deciding the case of either party at trial.

                                J U D G E

Manzoor