IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Crl: Bail Application No.S- 245 of 2012.

FOR HEARING

Applicant : Ghulam Rasool Narejo, through

Mr.Yasir Arafat Shar, Advocate.

Respondent: The State, through

Mr.Sardar Ali Shah, APG.

Date of hearing 05^th. November, 2012.

O R D E R

SALLAHUDDIN PANHWAR, J:- Applicant/accused Ghulam Rasool Narejo seeks post-arrest bail in Crime No. 194 of 2011 of Police Station, Gambat for offences punishable Under sections 302, 324, 147, 148, 149, 109 PPC.

02. Concisely, the relevant facts are that on 27.8.2011, due to dispute over plot, accused Asghar, Ghulam Mustafa, Ghulam Rasool, Ghulam Sarwar, Abdul Rehman, Abdul Raheem, Siddique, Nazir, Muhammad Siddique and Allah Dino, all by caste Narejo, along with other accused intruded in the house of complainant while accused Asghar and Ghulam Mustafa caused lathi blows to deceased Wahid Bux, accused Abdul Rehman caused lathi blow to Hafeez, accused Allah Dino caused lathi blow to Younis, accused Nazir caused lathi blow to Muhammad Khan, accused Siddique caused lathi blow to Mst.Azeeman, accused Ghulam Rasool (present applicant) caused lathi blow to Mst.Mariat, accused Abdul Raheem caused lathi blow to Mst.Panah Khatoon, accused Ghulam Rasool caused lath blow to complainant Amanullah. The injured persons were brought to Hospital where injured Wahid Bux succumbed to the injuries. Thereafter FIR was lodged.

03. Counsel for the applicant/accused has inter-alia contended that the allegation against the applicant/accused are that he has caused lathi blows to witness Mst.Mariat and complainant Amanullah; there is no allegation that he has caused any injury to the deceased Wahid Bux; dispute over the plot is admitted by the complainant in the FIR; applicant/accused and his three other brothers have been implicated with mala fide intentions.

04. Mr.Syed Sardar Ali shah learned A.P.G for the State did not controvert the grounds raised by applicant’s counsel and conceded to the grant of bail.

05. Heard counsel’s and perused the record.

06. from the perusal of FIR and other material available on record, it is manifest that except allegation of causing lathi blows to one witness and complainant, there is no allegation against the present applicant/accused regarding any injury caused to the deceased, enmity is admitted, specific role of causing injuries to the deceased is assigned to co-accused Asghar and Ghulam Mustafa, thus question of vicarious liability in the instant case requires further probe and such exercise cannot be taken at this stage, same can be exercised by trial court. Candidly, co-accused Muhammad Rafique who was implicated by supplementary statement was granted bail by the trial Court, co-accused Muhammad Paryal and Ghulam Nabi were granted pre-arrest bail by this Court vide order dated 04.11.2012 . Applicant is behind the bar, and not required for further investigation; case is under adjudication for trial hence it is settled proposition of law that bail cannot be withheld as conviction

07. Under the give circumstances applicant has succeeded to make out his case within the scope of further inquiry as defined under sub section 2 of section 497 Cr.p.c, thus applicant is entitled for post arrest bail, however complainant party is at liberty to file cancellation of bail , if sufficient material comes against the applicant after examination of eye witnesses and trial court will decide the same, without being influenced with this order.

08. Above are the detailed reasons of my short order dated 05.11.2012.however observation made therein are tentative in nature and will not effect upon the merits of the case.

JUDGE

A.R.BROHI