2002 P Cr (PLP)

By this order I propose to dispose of criminal bail application filed on behalf of the applicant Meer Mastoi in a case bearing Crime F.I.R. No.S‑24 of 2001 of Police Station Sijjawal for an offence under sections 302, 324, 114, 148 and 149, P.P.C. Bail plea of the applicant was declined by the learned 7th Additional Sessions Judge, Larkana vide order, dated 30‑1‑2002. The prosecution story as unfolded in the F.I.R. is that on 18‑3‑2002 at 8‑30 p.m. (night) complainant Haji Kalan Mastoi appeared at Police Station Sijjawal and lodged an F.I.R. alleging inter alia that he alongwith his son Deedar Hussain, brother‑in‑law Hussain Bux came to the house of their relative Allahdad Mastoi and while they were on their way towards their house, at 8‑00 p.m. (night) they saw five persons on electric light they were (1) Akram, (2) Nooro, (3) Ghulam Rasool, (4) Meer, and (5) Nawab, all Mastoi by caste, out of them Akram was armed with a pistol, Nooro with a gun, Ghulam Rasool with a gun, Meer with a Desi pistol and Nawab being empty‑handed emerged there and disclosed by raising Lalkara that Dcedar Hussain Mastoi is Karo with Mst. Jamalan. By saying so, accused Akram Mastoi fired from his pistol which hit Deedar Hussain son of complainant who fell down by raising cries. As far the remaining culprits were concerned they raised their weapons and disclosed that nobody should go near. The complainant party could not go near due to scare and kept mum. Thereafter, they by raising slogans came to the house of Ramzan Mastoi close to the house of Allahdad Mastoi and Mst. Jamalan wife‑of Ramzan Mastoi daughter of Mashooq Mastoi aged 20 years. Within their sight, Nawab Mastoi instigated other accused to kill and in the meanwhile accused Akram Mastoi fired from his pistol at Mst. Jamalan which hit her and she fell down by raising cries. It is further disclosed that the accused thereafter decamped from the scene of offence by raising slogans. Deedar Hussain sustained injuries on different parts of the body. At the distance of 10 paces Mst. Jamalan was lying who had also sustained injuries. Both of them were removed to hospital for first aid treatment and leaving them in the hospital, the complainant approached concerned police station where an F.I. R. was registered as above alleging that the above accused in their pre-concert committed the murder of Nawab Mastoi and caused injuries to Mst. Jamalan. The investigation followed and in due course the applicant was sent up to stand trial in. the Court of learned 7th Additional Sessions Judge, Larkana. I have heard learned counsel for the respective parties and perused the record. It has been contended by the learned counsel for the applicant that as far his client Meer Muhammad is concerned, he was armed with a country‑made pistol and no role of any kind was attributed to him. It has further been contended that P. W. Hussain Bux in his statement under sections 161 and 164, Cr.P.C. and P.W. Deedar Hussain in his statement recorded under section

161. Cr.P.C. have stared that he being armed with country‑made pistol has caused injuries to Mst. Jamalan. Learned counsel further states that the version of the complainant in the F.I.R. is in direct conflict with the statement of the P.Ws. Hussain Bux and Deedar Hussain who were nominated as an accused with a different role. In that eventuality, learned counsel argued that it is a case of two versions and calls for further enquiry Mr. Muhammad Bachal Tunio, A. A.‑G. for the State raised no objection if the bail is granted to the applicant. For what it has been discussed above, I am of the considered opinion that applicant Meer son of Nawab Mastoi has been able to make out a case for bail which is granted provided he furnishes surety in the sum of Rs.2,00,000 (Rupees two lacs) and P.R. Bond in the like amount to the satisfaction of trial Court. With this observation, Criminal Bail Application No.S‑150 of 2002, stands disposed of. H.B.T./M‑335/K Bail granted.