ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-108 of 2024

(Nooral Jeho Vs. The State)

 

DATE                           ORDER WITH SIGNATURE OF JUDGE

 

 

For the hearing of the bail application.

 

05.07.2024.

 

Mr. Shakeel Ahmed G. Ansari, Advocate for the applicant.

Mr. Aitbar Ali Bullo, D.P.G for the State.

                                                 -.-.-.-.-.-.-.-.-.-

 

IRSHAD ALI SHAH, J.- It is alleged that the applicant with the rest of the culprits, after having formed an unlawful assembly and in the prosecution of its common object murdered Gulzar Ali by causing him fireshot injuries, for which the present case was registered.

 

2.        The applicant having been refused post-arrest bail by learned 3rd Additional Sessions Judge, Shikarpur, has sought the same from this Court by way of instant application u/s. 497 Cr. PC.

 

3.        It is contended by learned counsel for the applicant that the applicant is innocent and has been involved in this case falsely by the complainant party only to satisfy its matrimonial dispute with him with the role of mere presence, therefore, he is entitled to be released on bail on point of further inquiry, which is opposed by learned DPG for the State by contending that he the applicant is vicariously liable for the commission of the incident.

 

4.        Heard arguments and perused the record.

5.        The FIR of the incident has been lodged with a delay of four days; such delay could not be overlooked. The role attributed to the applicant in the commission of the incident is only to the extent of his presence at the time of the incident, as such the vicarious liability in the commission of the incident on his part would be determined at the trial. The parties admittedly are disputed over the matrimonial affairs. The case has finally been challaned and there is no likelihood of absconsion or tampering with the evidence on the part of the applicant. In these circumstances, a case for the release of the applicant on bail on the point of further inquiry is made out.

 

6.        Under the discussed circumstances, the applicant is admitted to bail subject to his furnishing surety in the sum of Rs.200,000/- and P.R bond in the like amount to the satisfaction of the learned trial Court. 

 

7.        The instant bail application is disposed of accordingly.

                                                                                                        JUDGE