ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-572 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

                        Mrs. Akhtiar Begum, Advocate for the applicant.

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 Abdul Nabi of his motorcycle and on resistance caused fire shot injuries to PWs Ahmed Khan and Ali Muhammad on their knee and foot and then went away by making aerial firing to create harassment, for that the present case was registered against him.

2.         The applicant on having been refused post arrest bail by learned             1^st Additional Sessions Judge, Shahdadkot, 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 party; the role attributed to him in commission of incident is only to the extent of making aerial firing to create harassment. By contending so, she sought for release of the applicant on bail on point of further enquiry.

4.         None has put appearance to advance arguments on behalf of the complainant despite availing the time; however, learned Addl.P.G for the State has opposed to release of the applicant on bail by contending that he is vicariously liable for the 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 one day and the role attributed to the applicant in commission of the incident is only to the extent of making aerial firing to create harassment, as such, his involvement in commission of the incident obviously is calling for its 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.50,000/- 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