2004 PLP 1605 (YLR)

Mumtaz Alam Leghari for the State. By this order I intend to dispose of Criminal Bail Application No.482 of 2003 filed on behalf of applicant Gulzar and Hussain Bux in a case bearing crime F.I.R. No. 17 of 2003, registered at Police Station Johi, District Dadu, for an offence under section 302,34, P.P.C. The bail plea of the applicants was declined by the learned Sessions Judge, Dadu vide order dated 26‑8‑2003. The prosecution story as unfolded in the F.I.R. is that the complainant is a Hari and have five sons amongst them Nasrullah is elder aged about 26/27 years. On 1‑4-2003, at 2‑00 p.m. complainant's son Nasarullah left the house and did not return back home till evening. On 2‑4‑2003 the complainant alongwith his relatives made search of Nasrullah but could not find his clue. On 3‑4‑2003 the dead body of Nasarullah was found in the graveyard adjacent to the village. At 4‑00 p.m. complainant found the dead body of deceased Nasarullah having sustained gun shot, injury on his chest. Thereafter, the complainant alongwith P.Ws. removed the dead body of his son to Civil Hospital Dadu where after he lodged F.I.R. at Police Station disclosing that some unknown persons upon some dispute caused him gun shot injury and killed his son Nasarulah under suspicion. The investigation followed and in due course the applicants were sent up to stand trial in the Court of learned Sessions Judge, Dadu. I have heard the learned counsel for the respective parties and perused the record. It has been contended by the learned counsel for the applicants that the case against the applicants is false and they have been involved in the background of enmity and suspicion. It has also been contended that the name of the applicants does not find place in the F.I.R., no identification test had taken place in presence of the Magistrate, nothing incrimi nating is secured from the possession of applicants. According to the learned counsel the only piece of evidence against the applicants is the evidence of last seen. He has referred to the cases of (i) Muhammad Jamil v. Shaukat All anti another 1996 SCMR 1685, (ii) Abdul Salecm v. The State 1998 SCMR 1578 and (iii) Mir Hazar Malik v. The State .1999 SCMR 1377 in support of his contentions. As against the arguments of the learned counsel for the applicants it has been contended by the learned counsel for the State that the dead body of deceased was recovered after 2 days from the date of incident in jungle. It has also been contended that the witnesses Roshan and Nazeer in their statements recorded under section 161, Cr.P.C. have implicated but at the place of occurrence no dragging marks were noticed. The counsel further argues that the accused though were disclosed to be armed with guns but no role of firing at the deceased is attributed to them. In this background the learned counsel for the State argues that it is a case which calls for further inquiry. I have considered the submissions of the learned counsel for the respective parties and perused the record which reveals that learned counsel for the applicants has been able to make out a case, for bail which accordingly is granted provided they furnish 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. Criminal Bail Application No.482 of 2003 stands disposed of. H.B.T./G‑7/K Bail granted.