2006 P Cr (PLP)

MUNIB AHMED KHAN, J.

This application has been made in Crime No.37 of 2004 registered under sections 302, 34, 337-A(i), 337-F(i), 147, 148, 149, P.P.C. The case as stated in the F.I.R. is that on 30-12-2004 at 2230 hours complainant Sher Muhammad alias Sheral appeared at Police Station Jhallo stating therein that he owns agricultural land near to his village and he used to cultivate it himself. In the southern side of the village and near to his agricultural land there is some portion of land belongs to the forest department. The said land was occupied by Parial son of Muhammad Chandio and others, he asked to his Nekmard and their Nekmards that the said Government land is adjacent to his agricultural land hence he has right to acquire it. On account of said land he and Muhammad Parial Chandio and others were not on talking terms. On 30-12-2004, in the evening time, he and his brother Muhammad Usman, sister's son Munir Ahmed and cousin Yameen Lund were ploughing their said survey numbers of agricultural land adjacent to their house through tractor. At about 5-00 p.m. accused Parial having kalashnikov, Muhammad Waris having gun, Akber having hatchet, Qurban having gun, and Kaloo having gun came there from northern side giving Hakals. The accused persons in order to commit murder started firing upon them. They got down and took shelter. On hearing the fire shot his brother Ghulam Mustafa was coming towards them. The accused Parial fired from his KK straightly on his brother who after receiving fire-arm injuries fell down while raising cries. Accused Akber caused hatchet blow to his brother Muhammad Hassan on head and accused Kaloo gave butt blow of his gun to complainant and thereafter all the accused persons while firing went away. He and P.Ws. went and saw that his brother Ghulam Mustafa, due to injuries on chest and chin, was lying dead and blood was oozing. In the meantime Police of Police Station Jhallo came there in mobile and with their help the dead body of deceased and injured brought to Civil Hospital Dadu and after conducting post-mortem of his deceased brother and treatment of his brother Muhammad Hassan he left his injured brother and the dead body of deceased at Civil Hospital Dadu then he appeared at Police Station Jhallo and lodged his F.I.R. The bail application of the applicant has been rejected by the 1st Additional Sessions Judge, Dadu by his order, dated 2-3-2006. Mr. Madad Ali Shah learned counsel for applicant has argued that admittedly there is enmity between the parties over the piece of land as both the parties wanted to acquire that land while the said land is in possession of the applicant. He has further submitted that there is delay of five hours and thirty minutes in lodging the F.I.R. which has not been explained notwithstanding the fact that according to the F.I.R. itself, police party came there and the police station is hardly at a distance of five kilometers. Learned counsel has further pointed out that it is very strange that Kaloo who has allegedly given butt blows to the complainant has been let off by the police as innocent after enquiry which was resulted after recording of evidence of three independent persons namely Sajjan Khan, Lal Bux and Ashique Ali who have stated that at the time of incident, Kaloo met with them at a hotel. He has further submitted that it is more strange and create lot of doubt as although the F.I.R. has been registered at 10-30 p.m. but in all the documents, relating to the post-mortem and treatment of the injured, prepared hours before F.I.R. No.37 of 2005 has been mentioned which has not been explained. Learned counsel has further stated that all the four eye-witnesses are very closely related to the complainant and their statements are under shadow of doubt as their statements have been recorded after six days which create doubt in respect to their presence even in the locality on that day. He has further argued that according to the documents, police was informed at 7-40 p.m. while the dead body was observed by the police at 8-00 p.m. notwithstanding the fact that contrary factual position has been stated in the F.I.R. as the police presence has been shown in the said documents. He has further submitted that the contents of Danishtnama belies the version of the complainant in the F.I.R. After the arguments of Mr. Madad Ali Shah, I have inquired from the State Counsel Mr. Amir Ali Thari as to how Kaloo has been let off as an innocent and why the F.I.R. No.37 of 2005 which was registered at 10-30 p.m. has been mentioned in the documents inscribed prior to 10-30 p.m. but the learned State Counsel could not explain that and stated that Investigation Officer can explain that. I have also been shown an order of this Court dated 17-10-2005 whereby bail has been granted to Qurban Ali and the facts about Kaloo as innocent have also been mentioned in that order. The factual position in respect to the presence or absence of Kaloo make the contents of the F.I.R. doubtful and that the time of incident is also not confidence reposing as the F.I.R. number has been mentioned in every document even prior to its registration at 10-30 p.m. The delay of five hours 30 minutes is also unexplained. The enmity is also apparent from the contents of the F.I.R. In the circumstances, the case is of further inquiry hence the applicant is granted bail in the sum of Rs.2,00,000 (Rs. Two lacs) and P.R. bond in the like amount to the satisfaction of trial Court. H.B.T./P-17/K???????????????????????????????????????????????????????????????????????????????????? Bail granted.