ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.S-169 of 2023

(Abdul Sattar and others vs. The State).

DATE                          ORDER WITH SIGNATURE OF JUDGE

For hearing of bail application.

27.04.2023.

Mr. Iftikhar Ali Arain, Advocate for the applicants.

Mr. Zahid Ali Shah, Advocate for the complainant

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

  -.-.-.-.-.-.-.-.-.-

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 its common object, committed murder of Shahmeer by causing him fire shot injuries; for that the present case was registered.

2.        On having refusal of bail by learned Additional Sessions Judge, Kashmore, the applicants have sought for the same from this Court by way of instant bail application under Section 497 Cr.PC.

3.        It is contended by learned counsel for the applicants that the applicants being innocent have been involved in this case falsely by the complainant in order to satisfy his old enmity with them; the FIR of the incident has been lodged with delay of one day and role of causing fire shot injury to the deceased is attributed to co-accused Shahban alias Adam, therefore, the applicants are entitled to be released on bail on point of further inquiry.

4.        Learned Addl.P.G for the State and learned counsel for complainant have opposed to release of the applicants on bail by contending that they are vicariously liable for the commission of the incident.

5.        Heard arguments and perused the record.

6.        The FIR of the incident has been lodged with delay of one day; such delay having not been explained plausibly could not be overlooked. No active role is attributed to the applicants; therefore, their involvement in commission of the incident on the basis of vicarious liability would be determined at trial. The case has finally been challaned and there is no apprehension of tampering with the evidence on the part of applicants. In these circumstances, a case for release of applicants on bail on point of further inquiry obviously is made out.

7.        In view of above, the applicants are admitted to bail subject to their furnishing surety in the sum of Rs.200,000/- each 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