ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S-542 of 2022

(Imran Bozdar and another Vs. The State.

For hearing of Bail Application

13-02-2023.

Mr. Shabbir Ali Bozdar, advocate for applicants.

Mr. Mumtaz Ali Naich, advocate for complainant.

Mr. Shafi Muhammad Mahar, DPG 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, committed murder of Abdullah by causing him fire shot injury, for that the present case was registered.

2. The applicants on having been refused Pre-Arrest bail by learned IIIrd Additional Sessions Judge Mirpur Mathelo, have sought for the same from this Court by way of instant Crl. 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 complainant in order to satisfy his old enmity with them; no effective role in commission of incident is not attributed to them and very case on investigation was recommended by the police to be cancelled under “C” class. By contending so he sought for pre-arrest bail for the applicants on point of further inquiry and malafide.

4. Learned DPG for the State and learned counsel for the complainant have opposed to grant of pre-arrest bail to applicants by contending that they are vicariously liable for the commission of incident.

5. Heard arguments and perused the record.

6. Role attributed to applicant Amir Bux in commission of incident is to the extent of his presence. The role attributed to applicant Imran in commission of incident is only to the extent that he caught hold the deceased, when he was fired at by co-accused Muhammad Shaban. The very case on investigation was recommended by the police to be cancelled under “C” class by making a conclusion that deceased has committed suicide. Parties are already disputed, therefore, vicariously liability, if any, on the part of the applicants would be determined at trial. The applicants have joined the trial. In these circumstances a case for grant of pre arrest bail on point of further inquiry and malafide in favour of applicants obviously is made out.

7 In view of above, the interim pre arrest bail already granted to the applicants is confirmed on same terms and conditions.

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

Judge

Nasim/P.A.