2017 PLP 192 (YLRN)

ANWAR HUSSAIN, J.

Applicant/Accused Ibrahim son of Bhai Khan Jatoi seeks Post-arrest Bail in Crime No. 06 of 2016, registered at P.S. Khor Wah under sections 324, 341, 403 and 34, P.P.C., after the rejection of his Bail Application vide Order dated 28.04.2016, passed by learned Sessions Judge, Badin. The allegations against the Applicant/Accused as levelled by the Complainant in the above FIR, is that the Applicant along with two unknown persons being armed with deadly weapon made straight fire upon his brother namely Bashir Ahmed, which hit him at his left Rib as there was a dispute between the Applicant and his brother namely Bashir Ahmed in respect of Cabin. Hence the above FIR was registered. Counsel for the Applicant has argued that a dispute was already going on between the parties over starting a Cabin in the Town and so false implication of the Applicant cannot be ruled out. Further the Complainant in the FIR has alleged that present Applicant had fired upon his brother and the incident was witnessed by two eye-witnesses namely Ali Muhammad son of Sulleman Bhutto and Mir son of Juman Khokhar, but the said two witnesses have not supported the version of the Complainant in their Statements under section 161, Cr.P.C. before the Police as well as Statements under section 164, Cr.P.C. before the learned Magistrate. Since neither there is direct evidence against the Applicant nor recovery of weapon and the co-accused Mumtaz Khoso, has been granted Bail. Hence the case of Applicant requires further inquiry. Learned Counsel for Applicant has relied upon the cases reported in 2009 PCr.LJ 1445, 2009 PCr.LJ 1226 and 2002 PCr.LJ

110. Learned APG has opposed the grant of bail to the Applicant on the ground that he has directly fired upon the brother of Complainant, which has injured him seriously and there is medical report to that effect. Complainant Nazar Ali, present in person, also opposed the Bail. Heard learned Counsel for the Applicant, Complainant as well as learned APG. Admittedly, the Complainant in FIR has stated that Applicant/Accused being armed with deadly weapon came on motorcycle along with two unknown persons and caused firearm injury to the brother of Complainant and such incident was seen by eye-witnesses, but the said two Witnesses in their 161 as well as 164, Cr.P.C. Statements, have not implicated the Applicant for causing firearm injury to the brother of Complainant. On the contrary they have stated that out of two persons sitting behind the Applicant one person namely Khameso Jatoi, had caused firearm injury to the injured brother of Complainant, so the said witnesses have not supported the version of Complainant. Hence in my view the Applicant has made out a case for bail. Reference is made to the case of Sher Zada v. The State, reported in 2009 PCr.LJ 1445 and Mian Dad Leghari v. The State reported in 2009 PCr.LJ 1226 (D.B. Kar.). Accordingly the Applicant is granted bail subject to his furnishing solvent surety in the sum of Rs.2,00,000/- (Two Lacs only) and PR bond in the like amount to the satisfaction of the Trial Court. The observations made hereinabove are tentative in nature and would not effect the case of the either party at Trial. WA/I-26/Sindh Bail granted.