2004 PLP 89 (SCMR)

Suleman Habibullah, Additional A.-G. Sindh for the State. Date of hearing: 26th December, 2002 IFTIKHAR MUHAMMAD CHAUDHRY, J.--Leave is sought against the order of the High Court of Sindh, Karachi, dated 30-9-2002, passed in Criminal Bail Nos. 1193 and 1194 of 2002, whereby the prayer of the petitioner for grant of bail after arrest has been declined.

2. Precisely, facts of the case are that the complainant lodged F.I.R. with Police Station Gulberg Town, Karachi, alleging therein that he resides on the above mentioned address; that Madina Milk Shop situated in Block-12," Bengali Parra, is owned by him; his brother Gulsher also used to work beside him. At some distance of his shop, one Aamir resides, who often used to demand money from his brother. On 17-7-2002 his brother took Rs.50,000 with him to deliver the same to "Barrewala". At about 19-30 hours when he reached at Chaproo Hotel, Bengali Parra, Aamir and his brother Anjum came on a red colour motorcycle, they stopped his brother and demanded money. On his refusal Aamir with intention to kill his brother attacked upon him with "Churri" His brother Anjum and an other person also started beating his brother. On hearing commotion he alongwith Banaras and Abdul Shakoor reached there. Aamir alongwith his brother and friend ran away from the place of occurrence leaving behind the motor cycle. The complainant's brother Gulsher received "Churri" blows on the left side of temple, left side of face and on right hand, and he fell down. The abused went away alongwith Rs.30,000 taken out by them from the pocket of his brother. The complainant brought his brother with the help of other Mohallah people at police station in the vehicle for lodging the report.

3. The petitioner has been arrested accordingly in the above case under section 324/34, P.P.C. registered at Police Station Gulberg Town, Karachi,, but his name was not mentioned in the F.I.R. It is mentioned therein that a third person was also with Aamir and Anjum co-accused snatched the money from the victim. The accused was put to identification parade and he was correctly picked out by the P.Ws before the Magistrate.

4. The petitioner moved an application for grant of bail before the learned Additional Sessions Judge, but without any success. Similarly, no relief was extended to him by the learned High Court, as such, this petition has been filed.

5. Learned counsel contended that the petitioner is not involved in the commission of the offence and no specific role has been attributed to him, inasmuch as he was not nominated in the F.I.R. Learned counsel further contended that, according to the medical certificate, the injuries received by the victim fall within the ambit of Shajjah-i-Khafifah under section 337-A (i), P.P.C. and Shajjah-i-Mudihah under section 337-A(ii), P.P.C, sentence of which extended to 2 and 5 years respectively. In our considered view, the learned counsel for the petitioner has made out a case for grant of bail to the petitioner, because maximum sentence under above offences shall not exceed 5 years, if at all offences proved against him. Besides it, no useful purpose will be served by keeping him in custody.

6. Thus, petition is converted into appeal and is allowed, and the appellant is released on bail subject to his furnishing bail bonds in the sum of Rs. 25,000 with one surety and P.R. bond in the like amount to the satisfaction of 5th Additional Sessions Judge (Central), Karachi. M.H./M-841/S Bail granted.