ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-543 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

13.01.2022

                        M/S. Syed Juman Shah & Tahir Abbas Shah,

Advocate(s) for the applicant.

Mr.Zafar Ali Malgani, Advocate for the complainant.

Mr. Abdul Ghaffar, A.P.G for the State.

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IRSHAD ALI SHAH - J;- It is alleged by the prosecution that the applicant with rest of the culprits, in furtherance of their common intention, committed murder of Muhammad Ramzan by causing him fire shot injuries, for that the present case was registered.

2.         The applicant on having been refused post arrest bail by learned            1^st Additional Sessions Judge/MCTC, Shikarpur, has sought for the same from this Court by way of instant application u/s.497 Cr.PC.

3.         It is contended by learned counsel(s) for the applicant that the applicant being innocent has been involved in this case falsely by the complainant in order to satisfy his dispute with her over matrimonial affairs and the role attributed to her in commission of the incident, if any, is only to the extent of instigation; therefore, she being a lady is entitled to be released on bail on point of further enquiry. In support of their contentions, they have relied upon case of Kamran Vs. Kamran Malik and another       (2020 SCMR-1814).

4.         Learned A.P.G for the State and learned counsel for the complainant have opposed to release of the applicant on bail by contending that she is vicariously liable for commission of the incident.

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

6.         The FIR of the incident has been lodged with delay of about four days and role attributed to the applicant in commission of the incident is only to the extent of instigation; therefore, vicarious liability on her part obviously is calling for its determination at trial; the case has finally been challaned and there is no apprehension of tampering with the evidence on the part of applicant. In these circumstances, a case for release of the applicant on bail on point of further enquiry obviously is made out.

7.         In view of above, the applicant is admitted to bail subject to her furnishing solvent surety in the sum Rs.100,000/- and PR bond in the like amount, to the satisfaction of learned trial Court.

8.         The instant criminal bail application is disposed of accordingly.

                  JUDGE