ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No. S-357 of 2022

(Sajjan Khan Samo Vs. The State)

1. For Orders on office objection.

2. For hearing of Bail Application.

06-03-2023.

Mr. J.K Jarwar, advocate for applicant.

Mr. Khan Muhammad Sangi, 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 after having formed an unlawful assembly in prosecution of their common object, committed murder of Naeem Ahmed by causing him fire shot injuries and then went away by insulting complainant Naveed Ahmed and others, for that the present case was registered.

2. The applicant on having been refused bail by learned IIIrd Additional Sessions Judge, Naushahro Feroze, has sought for the same from this Court by way of instant 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; the FIR has been lodged with delay of about 01 day and role attributed to the applicant in commission of incident is only to the extent of instigation; therefore, he is entitled to be released on bail on point of further inquiry.

4. Learned DPG for the State and learned counsel for the complainant have opposed to release of the applicant on bail by contending that his previous bail applications of the applicant have been disposed off by this court for non-prosecution of in default.

5. Heard arguments and perused the record.

6. The FIR of the incident has been lodged with the delay of about 01 day. The role attributed to the applicant in commission of incident is only to the extent of instigation. The parties admittedly are disputed, therefore the vicarious liability on part of the applicant in commission of incident on point of instigation obviously would call for its determination at trial. The case has finally been challaned. There is no apprehension of tempering with the evidence on the part of the applicant. In these circumstance; a case for release of the applicant on bail, on point of further inquiry obviously is made out. The previous bail applications of the applicant have not been disposed off by this Court on merits, therefore, such disposal may not make him disentitle to his release on bail, on merits.

7. In view of above, the applicant is admitted to bail subject to his furnishing solvent surety in sum of Rs.200,000/- (Two lacs) and P.R bond in the like amount to the satisfaction of learned trial Court.

8. The instant Crl. Bail Application is disposed of accordingly.

Judge

Nasim/P.A