ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-132 of 2024

(Shoaib Mangi Vs. The State)

 

DATE                           ORDER WITH SIGNATURE OF JUDGE

 

 

For the hearing of the bail application.

 

11.07.2024.

 

Mr. Nawabuddin Chandio, Advocate for the applicant.

Mr. Noorullah G.Rind, Advocate for the complainant.

Mr. Shewak Rathore, 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, besides killing Aziz Ahmed and Tufail Ahmed, caused fireshot injuries to PW Shoaib Ahmed, intending to commit his murder and then went away by making aerial firing to create harassment, for which the present case was registered.

 

2.        The applicant having been refused post-arrest bail by learned 2nd Additional Sessions Judge, Qamber, 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 based on the allegation 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 and learned counsel for the complainant by contending that he is vicariously liable for the commission of the incident.

 

4.        Heard arguments and perused the record.

5.        The role attributed to the applicant in the commission of the incident is only to the extent of making aerial firing to create harassment, whether he participated in the commission of the incident with vicarious liability, it requires determination at trial. The parties admittedly are disputed. 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.

 

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