ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-206 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

10.12.2021

                        Mr. Zafar Ali Malgani, Advocate for applicant Manzoor.

Mr. Javed Ahmed Soomro, Advocate for the complainant.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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IRSHAD ALI SHAH - J;- The instant bail application is pressed only in respect of applicant Manzoor. It is alleged that applicant Manzoor with rest of the culprits, after having formed an unlawful assembly and in prosecution of their common object, committed murder of Suhno by causing him fire shot injuries, for that the present case was registered.

                        On having been refused post-arrest bail by learned 2^nd Additional Sessions Judge, Jacobabad, applicant Manzoor has sought for the same from this Court by way of instant application under section 497 Cr.PC.

                        It is contended by learned counsel for applicant Manzoor that he being innocent has been involved in this case falsely by the complainant party and his participation in commission of the incident, if any, is only to the extent of his presence; therefore, he is entitled to grant of post-arrest bail as his case is calling for further inquiry.

                        Learned Addl.P.G for the State has recorded no objection to grant of bail to applicant Manzoor while learned counsel for the complainant has opposed to grant of post-arrest bail to him by contending that he is vicariously liable for commission of the incident.

                        I have considered the above arguments and perused the record.

                        No effective role in commission of the incident is attributed to applicant Manzoor; therefore, his participation in commission of the incident on point of vicarious liability obviously is calling for its determination at trial. In that situation, it is rightly being contended by learned counsel for him that he is entitled to grant of bail, as his case is calling for further inquiry.

                        In view of above, applicant Manzoor is admitted to bail subject to his furnishing surety in sum of Rs.200,000/-and P.R bond in the like amount to the satisfaction of learned trial Court.

                        The instant criminal bail application is disposed of accordingly.     

                                                                                              J U D G E