2005 PLP 190 (YLR)

Habibullah G. Ghouri for Applicants. Jai Jai Vishnu for the Complainant. Mushtaque Ahmed Kourejo, State Counsel. Bail is claimed by Moula Bux and Iqbal facing trial in Crime No.76 of 2002 of Police Station Rustam, charged for the offences punishable under sections 302, 324, 114, 148 and 427, P.P.C. Allegation against applicant No. 1, Moula Bux is of instigating the commission of the crime, as regard other accused persons Pathan and Lakhmeer and applicant No.2, Iqbal are alleged to have chased the son of complainant Sher Muhammad to the roof top of the house and fired at him. Sher Khan received five shot injures and died on spot. Learned counsel for applicants contended that there is only allegation of instigation against Moula Bux, who was empty-handed and as regard accused Iqbal it was urged that it can be only decided at the trial that at whose fatal shot the deceased Sher Khan lost his life. Mr. Vishnu, opposes the grant of bail. He contends that instigation is equally an overt act. Motive is specifically attributed to Moula Bux. Mr. Vishnu, in response of contention of Mr. Ghouri, that in counter-cases the complainant party herein who were accused in F.I.R. No.75 of 2002, were extended bail. It was urged that such bail was granted on merits without adverting to the counter-cases as urged by Mr. Ghouri in this case. I have heard Mr. Ghouri, counsel for applicants and State counsel, who conceded bail for applicant Moula Bux while opposed bail for applicant Iqbal. From contents of the F.I.R. it appears that allegation against applicant No. 1, is of instigation of offence. Both the applicants were arrested on 28-12-2002, though case has been challaned but case has not yet proceeded, as according to the learned counsel for complainant the defence is merely prolonging the case by seeking adjournment. Allegation against applicant No.2 is of causing direct fire shot at the deceased Sher Khan along with co-accused Pathan and Lakhmeer. The allegations in the F.I.R. are corroborated by the medical evidence as it appears 4 entry wounds on the deceased and 2 exit wounds. Mere fact that whose injury was fatal, under circumstances, would not be relevant consideration as deceased has received 4 entry wounds. There cannot be any pious object while shooting at the deceased. Under circumstances, for the foregoing reasons bail is declined to Iqbal, whereas, bail is extended to Moula Bux, however, subject to furnishing two solvent sureties in the sum of Rs.2,00,000 (two hundred thousand) each and P.R. bond in the like amount, to the satisfaction of trial Court. H.B.T./M-154/K Order accordingly.