2012 PLP 1937 (YLR)

MUHAMMAD TASNIM, J.

Applicant is booked in Crime No.703 of 2010 under section 324/34, P.P.C. of Police Station Site (A), Karachi. He in the first place applied for bail before learned IVth Assistant Sessions Judge Karachi West in Sessions Case No.778 of 2010 but his bail application was dismissed by the learned trial Judge vide his order dated 15-11-2010 for the reasons mentioned therein. Against the aforesaid order present bail application has been made. The facts as disclosed by the complainant in his statement under section 154, Cr.P.C. recorded by A.S.-I. Saiful Malook at Abbasi Shaheed Hospital are that his real brother namely Gul Muhammad had given some amount to the accused persons namely Ahmed Zaib and Rehmat Ali in connection with a business transaction. Since the above named accused persons were neither returning the amount to the brother of the complainant nor doing any business as such on the same day i.e. 24-8-2010 at about 6-30 p.m. the accused persons were passing through the street where his brother Gul Muhammad called them and demanded his amount upon which they both became flared up and started beating to the complainant's brother. The accused Ahmed Zaib caused a dagger blow near the kidney of complainant's brother with intend to kill him while caused second blow on the left shoulder of the injured Gul Muhammad, due to which his brother became injured. He has further disclosed that the incident was seen by the Mohalla people and then rescued his brother Gul Muhammad. Then the complainant along with Mohalla people took his brother to Abbasi Shaheed Hospital for treatment. Hence he lodged the present F.I.R. against the above named accused persons. Learned counsel for applicant has submitted that there is no allegation against the present applicant. No overt act has been attributed to him. She says that against co-accused direct allegation has been made for stabbing the Gul Muhammad with dagger. Learned counsel for applicant says that applicant has been falsely implicated in this case as there is no material available with prosecution which connects the present applicant with the commission of offence. Learned A.P.-G. has opposed the grant of bail. However he could not point out any material which connects the applicant with the offence and frankly conceded that no material is available with prosecution which connects the applicant with commission of offence. This case requires further inquiry in terms of subsection (2) of section 497, Cr.P.C. Accordingly, this bail application is allowed and applicant is admitted to bail on his furnishing solvent surety in the sum of Rs.50,000 and P.R. Bond in the like amount to the satisfaction of trial Court. M.W.A./R-20/K Bail granted.