ORDER
SHEET
IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR
Crl. Bail Application No.
S-404 of 2022
1.
For Orders on office objection.
2.
For Hearing of Bail Application
23-01-2023.
Mr. Ajeebullah Junejo, Advocate for
applicant.
Mr.
Ubedullah Malano, Advocate
for complainant.
Mr. Shafi Muhammad Mahar, Deputy P.G
for the State
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Irshad Ali Shah, J;- It
is alleged that the applicant with rest of the culprits by committing trespass
into the house of Muhammad Jumman, stolen therefrom
two he-goats and on being followed by the complainant party, they committed
murder of Bhooral by causing him fire shot injuries
and then made their escape good from the place of incident by leaving behind stolen
he-goats and making fires in the air to create harassment, for that the present
case was registered.
2. The applicant on having been refused
bail by learned trial Court; has sought for the same from this Court by way of
instant Crl. Bail Application u/s 497 Cr.P.C.
3. It is contended by learned counsel for
the applicant that the applicant being innocent has been involved in this case
falsely by the complainant; FIR of the incident has been lodged with the delay
of about 18 hours and role attributed to the applicant in commission of
incident is only to the extent of making aerial firing, therefore, he is
entitled to be released on bail on point of further inquiry, who even otherwise
in custody for about two years.
4. Learned DPG for the State has recorded
no objection to release of the applicant on bail. However, learned counsel for the
complainant has opposed to release of the applicant on bail by contending that
he is vicariously liable for the commission of incident.
5. Heard arguments and perused the record.
6. The stolen he-goats were left behind,
which prima-facie has put the allegation of its theft under cloud. The specific
role of committing death of deceased by causing him fire shot injuries is
attributed to co-accused Manzoor alias ‘Dand’. The role attributed to the applicant
in commission of incident is only to the extent that he made aerial firing at
the place of incident to create harassment. In these circumstances the
vicariously liability on the part of applicant obviously is calling for further
inquiry.
7. In view of above the applicant is
admitted to bail subject to his furnishing solvent surety in sum of Rs.200,000/- (Two lac) and P.R bond in the like amount to the
satisfaction of learned trial Court.
8. The instant bail application is disposed of
accordingly.
Judge
Nasim/P.A