ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-506 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

 

20.01.2022

 

                        Mr. Mazhar Ali Mangan, Advocate for the applicant.

Mr. Suhendar Kumar, Advocate for the complainant.

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

 

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IRSHAD ALI SHAH - J;- It is alleged that the applicant with rest of the culprits, robbed complainant Allah Rakhio of  rupees Fourteen Lacs by causing him danda blow on his left elbow, for that the present case was registered.

2.         The applicant on having been refused post arrest bail by learned             Sessions Judge, Qamber-Shahdadkot @ Qamber, 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 for the applicant that the applicant being innocent has been involved in this case falsely by the complainant and the FIR of the incident has been lodged with delay of about one month. By contending so, he sought for release of the applicant on bail on point of further enquiry.

4.         Learned Addl.P.G for the State and learned counsel for the complainant have opposed to release of the applicant on bail by contending that he 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 and 161 Cr.PC statements of PWs one after other have been lodged/recorded with considerable delay and such delay could not be overlooked. The injury sustained by the complainant is bailable in nature and the role attributed to the applicant in commission of the incident obviously is only to the extent of his presence, thus the vicarious liability in commission of the incident on his part is calling for determination at trial. In these circumstances, a case for release of the applicant on bail on point of further enquiry is made out.

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

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

                                                                             JUDGE