2001 PLP 1309(2) (YLR)

By this order I propose to dispose of Criminal Bail Application filed on behalf of applicants Ghulam Nabi and Mour in a case bearing Crime F.I.R. No.5 of 2001 registered with Police Station K.N. Shah District Dadu for an offence under sections 302, 337-H(ii), 504 and 34, P.P.C. The bail plea of the, applicants was declined by the learned Sessions Judge, Dadu vide order; dated 26-5-2001. The prosecution story as unfolded in the F.I.R. is that on 7-1-2001, complainant Pehlwan Babar appeared at Police Station Khairpur Nathan Shah and lodged F.I.R. alleging that motivated on the dispute over street, there had been an exchange of harsh words in between the complainant party and the accused. It is alleged that on the eventful day in the morning as the complainant alongwith his son namely Yameen, brother Bakhshal and son-in-law Ghulam Muhammad had gone for the purpose of thrashing. After fetching their work as they were coming back and at about 4-45 p.m. when they reached on Katcha path, at the lands of Abdul Satan Narejo near village Tagio Babar, they found

1. Qamaruddin

2. Ghulam Nabi

3. Mour all the three sons of Meer Babar by Caste were coming while extending abuses. It has been further alleged in the F.I.R. that as far accused Qamaruddin and Ghulam Nabi are concerned they were disclosed to be armed with guns whereas Mour was carrying a hatchet. Immediately after coming, accused Qamaruddin fired from his gun at Yameen as a result whereof the pallets hit him on his right side of chest and other part of the body who fell down by raising cries. It has been further alleged that the complainant party could not go near the culprits due to scare as they were armed with deadly weapons. It is further alleged in the F.I.R. that thereafter, accused Qamaruddin and Ghulam Nabi fired from their guns in the air and subsequently decamped from the scene of offence by raising slogans. After a little while Yameen was found dead having sustained injuries. Leaving the above witnesses on the corpse of deceased Yameen, complainant approached concerned Police Station where an F.I.R. on behalf of the State was recorded. The investigation followed and in due course the applicants were sent up to stand trial in the Court of learned Sessions Judge Dadu. It has been contended by Mr. Abdul Rasool Abbasi learned counsel for the applicant that as far these two applicants are concerned applicant Ghulam Nabi though armed with gun contained himself to aimless firing and as far applicant Mour was concerned he being a hatchet carrier was responsible for no overt act. It has been further argued by' the learned counsel for the applicant that no application has been filed in respect of main accused Qamaruddin who was allegedly responsible for firing on the person of deceased Yameen. Besides this it has also been contended by the learned counsel for the applicant that nothing incriminating was secured from the possession of the present applicants. Learned counsel further argued that as far motive attributed in the F.I.R. is concerned, it seems to be weak and flimsy. On these scores learned counsel for the applicant states that it is a fit case where the bail could be granted to the applicants Mr. Mushtaque Ahmed Kourejo learned counsel appearing on behalf of the State concedes to the above legal position and raised no objection for the grant of bail. I have given my anxious consideration to the arguments of the learned counsel for the respective parties and perused the record. Admittedly no overt act of causing injuries is attributed to both the applicants excepting applicant Ghulam Nabi who was responsible for aimless firing. Besides this nothing incriminating is secured from the possession of the applicants. In this background applicants Ghulam Nabi son of Meer Babar arid Mour son of Meer Babar are granted bail in the sum of Rs.200,000 each and P.R. Bond in the like amount to the satisfaction of the trial Court. H.B.T./G-74/K ?????????????????????????????????????????????????????????????????????? Bail granted.