AZIZULLAH Versus State

ORDER

1. AFTAB AHMAD GORAR, J.--- Applicant Azizullah Brohi seeks post arrest bail in Crime No.34/2014 registered at P.S. Garhi Yasin, District Shikarpur, for offences punishable under Sections 302, 324, 402, 427, 148 and 149 P.P.C.

2. The allegation against applicant, as per FIR lodged on 03.6.2014 lodged by SHO, P.S. Dakhan, namely, Zahid Hussain Abro is that he was member of unlawful assembly of the accused persons, who and with their common object murdered police constable Wahid Bux Abro during attempt to commission of an offence. The applicant is alleged to have made ineffective firing.

3. Learned counsel for the applicant mainly contended that, no active role of making fire upon deceased has been assigned to the applicant and that it was co-accused Gulab Brohi who is said to have fired at deceased Wahid Bux Abro, therefore, per learned counsel question of sharing common intention and vicarious liability would be determined at the time of trial and that during course of investigation main accused Gulab and 7 others were let off by the police.

4. Learned DPG opposed grant of bail.

5. Perusal of the FIR reveals that the applicant has been assigned role of making ineffective firing and it was co--accused Gulab Brohi, who is alleged to have fired at deceased. In the circumstances, question of sharing common intention and vicarious liability of the applicant would be determined at the time of trial. Moreover, during course of investigation principal accused Gulab Brohi and seven others were found innocent and were let off by the police and their names were placed in column No.II of the challan sheet, which means that the investigating agency has not believed the version of complainant. In view of above circumstances, the applicant has been able to make out case for grant of bail. Accordingly, the instant bail application stand allowed and applicant is directed to be released on bail upon his furnishing solvent surety in the sum of Rs.300,000/- (Three hundred thousand rupees) and P.R. bond in the like amount to the satisfaction a trial Court.

6. WA/A-2/Sindh Bail granted.