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