ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S-654 of 2022

For hearing of Bail Application

23-01-2023.

Mr. Inam Ali Larik, advocate for applicants

Mr. Shafi Muhammad Mahar, Deputy P.G for the State.

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Irshad Ali Shah, J;- It is alleged that the applicants with rest of the culprits after having formed an unlawful assembly and in prosecution of their common object, not only committed murder of Raja by causing him fire shot injuries with G-3 Rifle, but also caused fire shot injuries to PW Zahid Hussain with DBBL gun, with intention to commit his murder and then went away by mis-appropriating the belongings of the deceased, for that the present case was registered.

2. The applicants on having been refused Pre-Arrest bail by learned IIIrd Additional Sessions Judge, Khairpur, have sought for the same from this Court by way of instant bail application under Section 498-A Cr.P.C.

3. It is contended by learned counsel for the applicants that the applicants being innocent have been involved in this case falsely by the complainant party in order to settle its dispute with them over landed property; therefore, they are entitled to be admitted to pre-arrest bail on point of further enquiry as they are apprehending their unjustified arrest at the hands of the police at the instance of the complainant.

4. Learned DPG for the State has recorded no objection to grant of pre arrest bail to applicant Abdul Rehman by contending that role attributing to him in the commission of incident is only to the extent of instigation. However, he opposed to grant of pre arrest bail to applicant Himath by contending that he has caused fire shot injuries to PW Zahid Hussain with DBBL gun with intention to commit his murder.

5. Heard arguments and perused the record.

6. The role attributed to applicant Abdul Rehman in commission of incident is only to the extent of instigation, therefore vicarious liability on his part is calling for further inquiry; consequently interim pre arrest bail already granted to him is confirmed on same terms and conditions.

7. The case of applicant Himath is on distinguishable facts and circumstance. He as per FIR is attributed the role of causing fire shot injuries to PW Zahid Hussain with DBBL gun with intention to commit his murder. By that act, he has actively participated in commission of incident. In that situation, his case is not calling for inquiry, which may justify to grant him pre arrest bail in absence of any malafide, consequently, the instant bail application in his respect is dismissed; the order whereby he was admitted to interim pre arrest bail is recalled and vacated.

9. The instant bail application is disposed of accordingly.

Judge

Nasim/P.A.