1988 MLD 150 (PLP)

This is an application for bail on behalf of the applicant Lakho Dino son of Rashid arrested consequent to an F.I.R. Crime No. 67 of 1987 lodged by one Sodo on 7‑9‑1987 at P.S. Husri under sections 302, 307, 147, 148 and 34, P.P.C. Learned counsel appearing for the applicant has raised the following pleas in support of his application. It is contended that no specific role of causing injury to the deceased person or any P.W. has been assigned to the applicant No.

2. There no recovery is made from the applicant and lastly it is contended that in the‑ background of the deep‑rooted enmity the applicant is entitled to the concession of bail. Briefly, prosecution case is that the complainant Sodo had an .enmity with accused party due to murder of one Haji Punhawar in which the complainant party is facing trial in the Court of Sessions Judge, also proceeding under section 107, Cr.P.C. is pending in the Court of Mukhtiarkar and F.C.M. Husri, according to the narration given out in the F.I.R., on 7‑9‑1987, the complainant and his other relations were on their way to attend the 107 proceeding case in the Court of Mukhtiarkar and F.C.M. Husri and when they reached near Shaikh Bhirku Road, the present applicant alongwith six other persons accosted them and according to F.I.R. the assailants who were armed with hatchet country‑made pistol launched an attacked on the complainant party in that it is a case of prosecution that the co‑accused fired from the pistol which missed and nobody was injured but the co‑accused caused hatchet injuries to deceased Bachu who succumbed to the injuries. Report was lodged by the complainant and during the investigation the present applicant was arrested on 25‑9‑1987. The application on behalf of the applicant was moved before the learned Vth Additional Sessions Judge, Hyderabad, who refused to grant bail to the applicant vide his order dated 6‑1‑1988. Hence present application. I have heard Mr. Qurban Ali Chohan, the learned counsel appearing for the applicant, it is contended by him that the deceased Bachu died as a result of hatchet injuries and P.W. Allah Bux who intervened was also caused hatchet blows and injuries to the witness Allah Bux of the deceased have been specifically attributed to co‑accused Akbar and Rahim. In absence of any fire injury caused to the deceased or any witness the learned counsel has argued that the present applicant is entitled to the concession of bail. In support of his contention he has relied upon on the case of Bachu v. The State 1983 P. Cr.L J 1417; and the case of Muhammad Niaz alias Naz v. The State reported to 1987 P. Cr. L J 2247 and also the case of Muhammad Fazil v. Mirza Noor Hussain and another reported in 1985 SCMR

930. Mr. Riaz Ahmad the learned Advocate appearing on behalf of AA.‑G. for State has not controverted the contention raised by applicant's counsel after consulting the material available in the investigation papers conceded that there is no part of firing from the fire weapon i.e. the rifle which applicant is said to be carrying was made there is no role of instigation and no recovery of any incriminating article has been made from the present applicant. I have given my thought to the contention raised by the counsel for applicant and counsel appearing for State. All the prosecution witnesses in their statements before the Police simply assign the part of fire in the air to the present applicant ineffectively at the end of occurrence. On consideration of the facts and circumstances of the case and case‑law cited by Mr. Qurban Ali Chohan, the learned counsel for the applicant, I am of the view that the applicant's case is covered by the principles of further inquiry in the light of admitted previous enmity as such the Criminal Bail Application is granted and I direct that the applicant may be released on bail on his furnishing surety in the sum of Rs.30,000 (Rupees Thirty thousand only) and P.R. Bond in the like amount to the satisfaction of the trial Court. Criminal Bail Application No. 79 of 1988 is granted as above. S.G.D./L‑19/K Bail allowed.