ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-604 of 2021

Date	Order with signature of Judge

Applicant: Syed Noor Hassan Shah, through

Mr. Ubedullah Ghoto, Advocate

Complainant: Anwar Shah injured/LRs of deceased

Through Mr. Ubedullah Malano

State: Through Mr. Aftab Ahmed Shar APG

Date of hearing: 25.10.2021

Dated of order: 25.10.2021

O R D E R

Zulfiqar Ali Sangi, J: Through instant bail application, applicant/accused Syed Noor Hassan Shah son of Ghulam Hussain Shah is seeking post-arrest bail in FIR No.366/2020, registered at Police Station A-Section Ghotki, under sections 302, 324, 114, 337-F(iii), 337-D and 34, PPC. His earlier post-arrest bail plea was declined by the learned I-Additional Sessions Judge (MCTC) Ghotki, vide order dated 24.08.2021.

2. The allegation against the present applicant is that on his instigation co-accused duly armed with deadly weapons in furtherance of their common intention committed murder of Syed Touqeer Ali Shah and caused injuries to Syed Anwar Ali Shah by making straight firing upon them due to dispute over free-will marriage of deceased with Mst.Ghulam Sughran.

3. Learned counsel for the applicant submits that there is delay of five days in registration of FIR and no role has been assigned to the present applicant except instigation which too requires further enquiry as according to contents of FIR he instigated to co-accused to commit murder of the deceased while as per contents of application u/s 22-A & B, Cr.P.C filed by one Syed Aizaz Shah for registration of FIR of the same incident, present applicant is assigned the role of only raising slogans while leaving the place of incident. He also contended that no crime weapon has been recovered from the possession of applicant and he is an old age person of 61 years. He further contended that the common intention or vicarious liability would be determined after recording evidence at the trial. He also contended that co-accused Syed Murad Ali Shah and Syed Asad Ali Shah, who have been assigned almost same role as that of present applicant, have already been granted pre-arrest bail by this court, as such on the rule of consistency the applicant is also entitled for concession of bail. Learned counsel for the applicant in support of his contentions placed reliance on the 2014 YLR 1019, 2005 MLD 1267, 2020 SCMR 871 and SBLR 2021 Sindh 2244.

4. Learned counsel for the complainant and learned DPG opposed the grant of bail on the ground that the name of applicant transpires in the FIR and 161 Cr. P.C statements of the witnesses. They further contended that in the inquiry report conducted by DSP Ghulam Ali Jumani, also the present applicant was found real offender, therefore, he is not entitled for concession of bail.

5. I have heard the learned counsel for the parties and perused the material available on record with their able assistance.

6. Record reflects that the applicant is nominated in the FIR with the role of only instigation to co-accused to commit murder of the deceased, however, in the application u/s 22-A & B, Cr.P.C filed by Syed Aizaz Shah who is one of the legal heirs of deceased, the applicant has been assigned the role of raising slogans while the role of instigation is assigned to co-accused Qambar Shah. So also injured Anwar Ali Shah in his 161 Cr.P.C has assigned role of aerial firing and raising slogans to the present applicant, as such the case of applicant requires further enquiry. Further, sharing of common intention by the applicant with the co-accused is yet to be decided by the trial court after recording evidence of prosecution witnesses. Record further reveals that co-accused Assad Ali Shah and Murad Ali Shah have already been granted pre-arrest bail, whose case is at par with the case of present applicant. It is settled principle of law that the deeper appreciation of evidence is not permissible at bail stage and bail application is to be decided tentatively on the basis of material available on record.

7. From the tentative assessment of the material available on the record, the applicant has made out his case for grant of post-arrest bail. Resultantly, this bail application is allowed and applicant is admitted to post-arrest bail subject to furnishing solvent surety in the sum of Rs.200,000/-(rupees two lacs) and P.R bond in the like amount to the satisfaction of the trial court.

8. Observations made herein above are tentative in nature and will not cause any prejudice to either party at the trial.

9. Instant Criminal Bail Application is disposed of in the above terms.

JUDGE

Suleman Khan/PA