ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Bail Appln. No. S- 392 of 2022.

Date of hearing

Order with signature of Judge

20.10.2022.

1.         For orders on office objections.

2.         For hearing of bail application.

            Mr. Nooruddin Mahessar, Advocate for applicant.

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

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Amjad Ali Sahito, J: Through this application, applicant Hadi Bux son of Ghulam Ali Umrani has sought for his admission to post-arrest bail in Crime No.17/2022, registered at Police Station  Lashari (District Larkana), for offences punishable under Sections 302, 504, 148, 149 P.P.C.

            2.         The allegation against present applicant as per F.I.R lodged by complainant Ghulam Rasool on 06.5.2022 is that, he duly armed with gun came at place of incident in company of co-accused persons; out of them co-accused Ameer Bux Umrani abused complainant party and fired guns shot at Hussain Ali Umrani, the brother of complainant. The motive for the incident, as set-out in the F.I.R, is old matrimonial dispute between the parties.

            3.         Learned counsel for the applicant mainly contended that, F.I.R is delayed for more than a day; that no motive is attributed to the applicant; that no any active role of causing any injury etc. is assigned to applicant except his presence, though he was having gun, but he did not use the same in the commission of offence. Per learned counsel, in these circumstances, the question of sharing common intention vicarious liability of present applicant with principal co-accused would be determined at the time of trial.

            4.         Conversely, learned D.P.G. appearing for the State opposed grant of bail in favor of applicant on the ground that he has nominated in the F.I.R with his name and parentage duly armed with gun and had facilitated the principal co-accused, who committed murder of an innocent person, as such he is vicariously liable for the murder of deceased.

            5.         No doubt, the applicant has been nominated in the F.I.R, but no specific role of causing any injury to any of deceased is assigned to him, though he was allegedly having gun in his hand, but he did not use the same in the commission of alleged offence. The motive of the alleged incident is also not attributed to present applicant. It was co-accused Ameer Bux, who is alleged to have caused fire upon deceased resulting into his death. As such, question of common intention and vicarious liability of the applicant with main accused would be determined at trial.

            6.         A tentative assessment of all the above factors makes the case of applicant one of further enquiry in terms of subsection (2) of Section 497 Cr.P.C. Accordingly, the instant bail application stands allowed. The applicant is admitted to bail upon his furnishing a solvent surety in the sum of Rs.100,000/- (One hundred thousand rupees) and P.R bond in the like amount to the satisfaction of trial Court.

            7.         Before parting with this order, it is made clear that, observations made herein above are tentative in nature and would not prejudice case of either party at trial.

                                                                JUDGE

Ansari/*