SHABIR alias GHULAM SHABIR Versus THE STATE

ORDER

1. Deferred.

2. The applicant is facing trial before 1st Additional Sessions Judge, Sukkur in Crime No.169 of 1999 of P.S. "A" Section Nawabshah for offence under sections 302, 324, 34, P.P.C.

2. The brief facts of the prosecution case as narrated in the F.I.R., by the complainant, Lashkeri, are that while his father deceased Hamal was admitted in the hospital after being injured in a clash with Jatois, the applicant along with Hazari Jatoi came to the hospital. Hazari Jatoi was armed with a pistol, whereas the applicant and the co-accused Ali Hassan were empty-handed. It is further alleged that Hazari fired direct shot at the father of the complainant, who suffered head injury, F.I.R. was initially lodged under section 324, P.P.C. however, since the father of the complainant later expired as a result of the head injury caused by Hazari, the case was converted into 302, P.P.C.

3. The learned counsel submits that no overt act has been assigned to the applicant. Admittedly the applicant was not armed and has been merely stated to be accompanying Hazari in the hospital. The learned counsel submitted that it is a fit case for further enquiry into the guilt of the applicant. He points out that the applicant was arrested way back, in July, 2000 and is in Custody since then however, no progress has been made in the case and even charge has not been framed. He pleads for grant of bail to the applicant in the circumstances.

4. Mr. Abdul Sattar Soomro for State concedes to the above.

5. No overt act has been assigned to the applicant. According to they F.I.R. the applicant has merely accompanied Hazari Jatoi who fired and caused the fatal injury. In so far as the question of vicarious liability is concerned the same can be established only after recording of evidence. The applicant is in custody since 18-7-2000. The case has made no progress inasmuch as even charge has not been framed. In the circumstances I am inclined to admit the applicant to bail. The applicant is granted bail in the above case upon his furnishing solvent surety in the sum of Rs.2,00,000 (two lac) and P.R. bond in the like amount to the satisfaction of the trial Court.

6. H.B.T./S-71/K Bail granted.