ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Bail Appln. No. S- 365 of 2022.

Date of hearing

Order with signature of Judge

27.03.2023.

1.         For orders on office objections.

2.         For hearing of bail application.

            Mr. Habibullah G. Ghouri, Advocate for applicant.

            Mr. Safdar Ali Bhutto, Advocate for complainant.

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

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Zulfiqar Ali Sangi, J: Through this application, applicant Muhammad Ismail Umrani has sought for his admission to post-arrest bail in Crime No.30/2022 registered at Police Station Civil Line, Larkana, for offences punishable under Sections 302, 324, 148, 149, 114 P.P.C. Similar prayer of the applicant was declined by learned trial Court vide Order dated 06.7.2022.

            Learned counsel mainly contended that, no any active role of causing any injury etc. is assigned to applicant except his presence, though he was having pistol, but did not use the same in the commission of offence. Per learned counsel, in these circumstances, the question of sharing common intention vicarious liability of present applicants with co-accused would be determined at the time of trial. Learned counsel further added that there is no recovery of a crime weapon from possession of applicant, though he remained under police custody remand for sufficient time and that no direct enmity is suggested aginast the applicant, therefore, this application may be allowed.

            Conversely, learned A.P.G. assisted by learned Advocate for complainant opposed grant of bail in favor of applicant on the ground that he is nominated in the F.I.R with allegation of instigation, thus he has facilitated the principal accused, who committed murder of innocent person, as such he is vicariously liable for the alleged offence and not entitled for grant of bail.

No doubt, the applicant has been nominated in the F.I.R, but no specific role of causing any injury to deceased is assigned to him and though he was allegedly having pistol in his hand at the relevant time, but he did not use the same in the commission of alleged offence. As such, question of common intention and vicarious liability of the applicant with main co-accused would be determined at trial. The motive of the alleged incident is also not attributed to present applicant and there is also no recovery of crime weapon from possession of applicant.     A tentative assessment of all the above factors makes the case of applicant one of further enquiry in terms of subsection (2) of Section 497 Cr.P.C. Accordingly, the instant bail application stands allowed. The applicant is admitted to bail upon his furnishing solvent surety in the sum of Rs.100,000/- (One hundred thousand rupees) and P.R bond in the like amount to the satisfaction of trial Court.

                                                              Judge

Ansari