ORDER
SHEET
IN THE
HIGH COURT OF SINDH, BENCH AT SUKKUR
Crl. Bail
Application No.S- 688 of 2020
For
hearing of Bail Application
16-04-2021.
Mr. Sikander
Ali Junejo, advocate for the applicant.
Mr.
Saeed Ahmed Bhatt, advocate for the complainant.
Mr.
Shafi Muhammad Mahar, DPG for the State.
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Irshad Ali Shah, J; It
is alleged that the applicant with rest of the culprits after having formed an unlawful
assembly and in prosecution of their common object committed death of Khan
Muhammad by causing him fire shot injuries and then went away by making aerial
firing to create harassment, for that the present case was registered.
2. The applicant on having been refused post-arrest
bail by learned Additional Sessions Judge-III, Khairpur, has sought for the
same from this Court by way of instant bail application under Section 497
Cr.P.C.
3. It is contended by learned counsel for
the applicant that applicant being innocent has been involved in this case
falsely by the complainant party in order to satisfy its old enmity with them; no
active and effective role in commission of incident has been attributed to the
applicant; the very case on investigation was recommended by police to be
disposed of under “A” class and co-accused Sahib Dino @ Allah Dino & three
others have already been admitted to bail by this Court, therefore the
applicant is entitled for grant of bail on point of further inquiry and
consistency.
4. Learned DPG for the State has recorded
no objection to grant of bail to the applicant while learned counsel for the
complainant has opposed to grant of bail to the applicant by contending that he
is vicarious-ably liable for the commission of incident.
5. I have considered the above arguments
and perused the record.
6. The very case on investigation was
recommended by the police to be cancelled under “A” class. The role attributed
to the applicant in commission of incident is only to the extent of instigation
and making aerial firing, therefore, his involvement in commission of incident
on point of vicarious liability is calling for its determination at trial. The
parties are already inimical with each other. Co-accused Sahib Dino @ Allah
Dino & three others have already
been admitted to bail by this Court; therefore, it is rightly being contended
that the applicant is entitled to grant of bail on point of further inquiry and
consistency.
7. In view of above, the applicant is granted
to bail subject to furnishing solvent surety in the sum of Rs. One lac and P.R
bond to the like amount to entire satisfaction of learned trial Court.
8. Instant Crl. Bail Application is
disposed of accordingly.
Judge
Nasim/Steno.