1990 P Cr (PLP)

S. 497

Penal Code (XLV of 1860), Ss.302 & 307/34

Bail, grant of-- Deceased was declared Karo with wife of co-accused

F.1.R. was delayed by three hours

Accused had caused a Fire-arm injury to a witness on his knee which was found simple in nature

All the accused were brothers inter se

Two of the co-accused had been granted bail before arrest

Case called for further inquiry-- Bail was granted in circumstances. . Muhammad Akbar and others v The State and Khadim Hussain v The State 1978SCMR7and1978SCMR146 ref Abdul Hakeem Bijarani for Applicant Zawar Hussain Jafferi, AA. -G. for the State Date of hearing: 27th August 1989. Applicant Nooral alias Noor Muhammad alongwith the three co-accused is facing trial for offences under section 302/307/34, P.P.C. Incident took place on 23-2-1989 at 3-00 a.m. in Rice Mills of Mukhi Bhagwandas in Kandhkot. Incident was seen by eye-witness in the electric tube light. Four accused persons, came to the spot out of whom Muhammad Ibrahim and Noor Muhammad were armed with revolvers and Shafi Muhammad and Bhooral were armed with guns. It is alleged that Muhammad Ibrahim fired his revolver at Ghulam Nabi, who was hit in the chest and died. Applicant Nooral fired at Kurare Mirbahar, who became injured. Motive stated in the F.1.R. is that Mst. Hakim wife of Muhammad Ibrahim was Kari with deceased Ghulam Nabi. Prosecution proposes to examine three eye-witnesses. Applicant Nooral was arrested on 11-3-1989, no weapon of the offence was recovered from him. Bail plea on behalf of applicant' Nooral is urged on several grounds; firstly, that there is delay in lodging the F.I.R. of about three hours when distance between spot and police station is 1 kilometre. Secondly that motive as stated in F.I.R. is that accused persons had declared deceased Ghulam Nabi as Karo with wife of co-accused Muhammad Ibrahim. Thirdly, that all the four accused persons named 'n the F.LR. are brothers inter se. Fourthly that so far applicant Noorn is concerned, active part assigned to him is that he fired at witness Kurara, whose medical certificate shows that he had sustained one fire-arm injury on his right knec which is declared to be simple in nature. Lastly, it is stated that co-accused Shah Muhammad and Bhooral were granted bail before arrest by the l4igh court and that bail is confirmed. In support of this ground for grant of bail reliance is placed on the cases of Muhammad Akbar and others v The State and Khadim Hussain v. The State reported in 1978 S C M R pages 7 and

146. For the facts and reasons stated above, I am of the view that this will be a case of further enquiry as such I admit applicant Nooral to bail on furnishing one surety in the sum of Rs.50,000 and P.R. bond in the like amount to the satisfaction of the learned trial Court. S.A./N-266/K Bail granted.