ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-440 of 2020

Date of hearing

Order with signature of Judge

                                    For hearing of bail application.

08.10.2020.

Mr. Shahbaz Ali Brohi, Advocate for the applicant

Mr. Danesh Kumar Jai Jai Veshno, Advocate for complainant

Mr. Muhammad Noonari, Deputy Prosecutor General

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IRSHAD ALI SHAH, J.- It is alleged that the applicant with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object, caused lathies, hatchet and fire shot injuries to PWs Zahid Hussain, Saeed Ahmed, Sabir Ali, Zubair Ahmed and Waqas Ali, with intention to commit their murder and then went away by making fires at complainant Muhammad Essa and in air to create harassment, for that the present case was registered.

2.        The applicant on having been refused pre-arrest bail by learned Sessions Judge, Shikarpur, has approached this Court for the same by way of instant application under section 498-A Cr.PC.

3.        It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the complainant party in order to satisfy its grudge with him over kids fight; the FIR has been lodged with delay of about one day and the injury sustained by PW Zubair Ahmed attributed to the applicant is with back side of hatchet. By contending so, he sought for pre-arrest bail for the applicant on point of further inquiry and malafide.

4.        Learned DPG for the State has recorded no objection to grant of pre-arrest bail to the applicant. However, learned counsel for the applicant has objected the grant of bail to the applicant by contending that he is vicariously liable for commission of the incident.

5.        I have considered the above arguments and perused the record.

6.        As per FIR, PW Zubair Ahmed was caused blow on back side of his head. It is belied by the medical certificate, wherein it is stated that the said injured was having swelling at right fronto parietal region, with no fracture and such blow has been opined to be one punishable under section 337-A(ii) PPC, which is not falling within prohibitory clause. The parties are already disputed over issue of kids fight; therefore, the applicant is found entitled to be admitted to pre-arrest bail on point of further inquiry and malafide.

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

8.        The instant bail application is disposed of accordingly.

JUDGE