ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Crl.B.A.No.S-205 of 2024
(Mushtaq Ahmed Khoso vs. The State)
DATE ORDER WITH SIGNATURE OF JUDGE
For the hearing of the bail application.
25.07.2024.
Mr. Asif Ali Abdul Razzak Soomro, Advocate for the applicant.
Mr. Shewak Rathore, D.P.G for the State.
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IRSHAD ALI SHAH, J.- It is alleged that the applicant with the rest of the culprits, after having formed an unlawful assembly and in the prosecution of its common object, fired and killed Ahsan Ali and then went away by making fires in the air to create harassment, for which the present case was registered.
2. The applicant having been refused pre-arrest bail by learned 2nd Additional Sessions Judge, Jacobabad has sought the same from this Court by way of instant application u/s. 498-A Cr. PC.
3. It is contended by learned counsel for the applicant that the applicant is innocent and has been involved in this case by the complainant based on the allegation of instigation, therefore, he is entitled to be admitted to pre-arrest bail on point of malafide, which is opposed by learned counsel for the State by contending that the applicant is vicariously liable for the commission of the incident.
4. Heard arguments and perused the record.
5. The FIR of the incident has been lodged with a delay of about one day; such delay could not be overlooked. The role attributed to the applicant in the commission of the incident is only to the extent of instigation. Whether the applicant participated in the commission of the incident with vicarious liability? It requires determination at trial. The parties are already disputed over the water course. The case has finally been challaned and there is no allegation of misusing the concession of interim pre-arrest bail on the part of the applicant, as such he is found entitled to be admitted to pre-arrest bail on the point of further inquiry and malafide.
6. Under the discussed circumstances, the interim pre-arrest bail already granted to the applicant is confirmed on the same terms and conditions.
7. The instant bail application is disposed of accordingly.
JUDGE