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.