2001 PLP 1073 (YLR)

The F.I.R. in this case was registered on 25-5-1997 for offences under sections 302/147/148/149, P.P.C. The learned Incharge 1st Additional Sessions Judge, Sukkur rejected the bail application of the applicant on 23-12-1999 mentioning as under:-- "We are witness that in our society due to uncivilized tribal behaviour innocent persons and their families suffer henious result without any fault on their part and oftenly the blood of innocent victims are being washed out by the Sardars of the Tribe in shape of monitral gain leading to their own pockets, therefore, fate of such offences should not be treated on same scale of general criminal cases and Courts should put restrain upon such criminals to discourage their evil activities and to save and strengthens the bright values of society. For the foregoing reasons I am not inclined to grant bail to the applicants on the ground of further enquiry, therefore, application for bail moved on behalf of the applicants Shamir and Allah Dino Mehrs are hereby rejected." The learned Advocate for the applicants submitted that the order of the learned Judge is based on misreading of the facts. There has been no role assigned to the present applicant. He has been involved falsely due to enmity which is admitted. There is delay of 8 hours in lodging of F.I.R., fatal injury is not attributed to the applicant. The parentage of the applicant is not mentioned in the F.I.R. and he is also not resident of the village Alif Katcho but he is resident of Agha Rafiq Colony Sukkur. There is no recovery of any crime weapon from the applicant. The learned A.A.-G. opposed the grant of bail to the applicant as the applicant is stated to be armed with gun at the time of incident. The F.I.R. is dated 25-5-1997. The name of the applicant is certainly mentioned in the F.I.R. The allegation in the F.I.R. is that Allah Wadhayo, Miro and Ali Hassan and others fired direct shots and as a result Muhammad Moosa fell down. The accused went away, therefore, specific part is assigned to Allah Wadhayo, Miro and Ali Hassan. There is no specific allegation that Allahdino applicant had fired or he caused any injury to any one. Although he is stated to be present', with a gun but no injury is attributed to him. This is a case which is about three years old' and fatal injury is not attributed to the applicant. His liability will be by virtue of section

149. It is quite possible that applicant may be present as the complainant alleges and it is equally possible that the applicant may have been wrongly involved because of previous enmity. As he did not cause any harm to anyone, his mere presence is not sufficient to establish his liability. It becomes a case where further enquiry is required. I, therefore, grant him bail subject to furnishing surety in the sum of Rs.2 lacs and P.R. Bond in the like amount to the satisfaction of the trial Court. H.B.T./A-194/K Bail granted