ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-132 of 2021

Date	Order with signature of Judge

Applicants: Imran Khorkhani, through

Mr. Pervaiz Ali Maitlo, Advocate

Complainant: Gul Hassan @ Gulshan

State: Through Mr.Khalil Ahmed Maitlo, DPG

Date of hearing: 16.08.2021

Dated of order: 16.08.2021

O R D E R

Zulfiqar Ali Sangi, J: Applicant/accused Imran son of Sahib Khorkhani is seeking post-arrest bail in FIR No.36/2020, registered at Police Station F.M. Narejo, District Khairpur, under sections 302, 114, 147, 148, 149 and 337-H(2) PPC. His earlier post-arrest bail plea was declined by the learned I-Additional Sessions Judge (MCTC) Khairpur, vide order dated 09.01.2021. After rejection of his bail application, he approached this court for the same relief.

2. As per FIR, the allegation against the present applicant is that he along with co-accused was present at the place of incident duly armed with gun and fired in the air.

3. Learned counsel for the applicant submits that no specific role has been assigned to the applicant for causing any injury to the deceased or PWs; that gun has been foisted upon the applicant; that on 29.09.2020, he was arrested and yet no PW has been examined before the trial court; that there is no material available with the prosecution which connects the applicant in respect of allegation of sharing common intention. He prayed for grant of post-arrest bail.

4. Complainant is present and shown his full confidence upon learned Deputy Prosecutor General. Learned DPG opposed the grant of bail on the ground that the applicant is nominated in the FIR with specific role of firing in the air, as such he shared common intention with co-accused, who fired pistol shot at deceased, therefore, applicant is not entitled for grant of bail.

5. I have heard the learned counsel for the parties and perused the material available on record with their able assistance.

6. Admittedly the applicant is nominated in the FIR with role of firing in the air and he had not caused any harm to the complainant party. Sharing of common intention by the applicant with the main accused is yet to be decided by the trial court after recording evidence of prosecution witnesses. It is settled principle of law that the deeper appreciation of evidence is not permissible at bail stage and bail application is to be decided tentatively on the basis of material available on record. From the tentative assessment of the material available on the record, the applicant has made out his case for grant of post-arrest bail. Resultantly, his bail application is allowed and applicant is admitted to post-arrest bail subject to furnishing solvent surety in the sum of Rs.200,000/-(rupees two lacs) and P.R bond in the like amount to the satisfaction of the trial court.

7. Observations made herein above are tentative in nature and will not cause any prejudice to either party at the trial.

8. Instant Criminal Bail Application is disposed of in the above terms.

JUDGE

Suleman Khan/PA