2011 YLR 2277 (PLP)

FAISAL ARAB, J.

1&2 Granted subject to all just exceptions.

3. Applicant has been booked in Crime No.157/10 of Police Station Tando Jam under section 302, P.P.C. The case against the applicant is that he facilitated his brother Shahid on the motorcycle and thereafter Shahid one after the other, killed two brothers of the complainant and then Shahid absconded. Applicant was though arrested. Bail has been sought for the applicant. Learned counsel for the applicant argued that the F.I.R. has been lodged after a delay of. 12 hours which means after deliberations and that dead bodies were brought to the Hospital by unknown persons and these facts clearly show that it was an unseen incident. He next argued that the reason for committing of the murders is shown to be old enmity between the parties i.e. that the sister of the accused, who was married to deceased was killed by Tahir Hussain and therefore, the applicant along with his brother Shahid committed murder of Tahir Hussain and Zulfiqar Ali. He further argued that since direct role of firing at the deceased has been assigned to the absconding accused Shahid and not to the present applicant, in the circumstances, applicant may be granted bail. In support of his contentions he relied upon the cases reported as PLD 1972 SC 277, 1999 SCMR 1360, 2003 SCMR 958, 2004 YLR 2434, 2010 MLD 1749, 2010 PCr.LJ 280, 2010 SLJ 1213 and 2011 PCr.LJ

918. Learned counsel for the complainant on the other hand argued that it was the present applicant, who took Shahid on a motorcycle to both the places of incident and thus clearly facilitated accused Shahid to commit murder of two persons. He further stated that the incidents took place at 10-30 P.M when dead bodies were taken to the hospital and late in the night after the post mortem they were brought home and after getting them buried in the morning F.I.R. was lodged at noon time, therefore, the delay is explainable and old enmity has also not been denied. He relied upon the cases reported as 1981 SCMR 1092, 1996 SCMR 1023 and PLD 1997 SC

347. Learned Assistant Prosecutor-General for the State has also opposed grant of bail. Learned counsel for the applicant in reply has argued that the incident was clearly unseen as no independent witness has been examined though two murders have taken place in two stops of Tando Jam Town. Keeping in view that the role of firing at deceased has been attributed to only absconding accused Shahid whereas, the role, has been attributed to the present applicant is that he took him on his motorcycle to the places of incidents his involvement under section 34, P.P.C. will be decided after evidence is recorded in the matter. In the circumstances, the applicant is granted bail subject to his furnishing solvent surety in the sum of Rs.500,000 and P.R Bond in the like amount to the satisfaction of learned trial Court. The Bail Application stands allowed in the above terms. H.B.T./S-81/K???????????????????????????????????????????????????????????????????????????????????????????????? Bail grant.