2010 P Cr (PLP)

KHADIM HUSSAIN M. SHAIKH, J.

Applicant seeks post arrest bail in crime No.5 of 2005 Police Station Gaibi Dero for offence under section 302, P.P.C. After his plea of bail has been declined by the learned court of Additional Sessions Judge, Kamber, who rejected his bail application vide order dated 18-10-2008.

2. The prosecution case in nutshell is that on 18-7-2005 complainant Haji Jam son of Mehrab Buriro appeared as P.S. Gaibi Dero and lodged his F.I.R. to the effect that on the fateful day of incident i.e., 17-7-2005 complainant his grand son Ali Asghar son of Khadim Hussain his nephew Ali Asghar son of Muhammad Pannah and Muhammad son of Haji Jaffer Buriro by searching their missing bullock at about 5-00 p.m. they reached near the house of one Ramzan son of Mashooque Buriro where Ramzan Buriro duly armed with gun met them. On inquiry about the missing bullock Ramzan got annoyed and after exchange of harsh words Ramzan fired gun at Ali Asghar, grandson of the complainant which hit him who raising cry fell down and the accused went away. The complainant party found Ali Asghar dead and then the complainant leaving the P.Ws. over the dead body went to his village and ultimately he appeared at Police Station Gaibidero and lodged the F.I.R. on 18-7-2005.

3. Applicant Muhammad Ramzan was arrested on 8-8-2005 and after investigation he was sent up to stand his trial. Application for bail moved on behalf of applicant was-dismissed by the learned trial Court vide order dated 18-10-2008.

4. Learned advocate for the applicant has mainly contended that applicant at the time of incident was of tender age i.e., below 16 years of age and that the applicant has all along remained in custody since 8-8-2005 and not a single witness has been examined till date and he prays for grant of bail to the applicant. He placed his, reliance on the cases of Nasir Hussain v. The State 2001 PCr.LJ 995 and Siraj Din v. Saghir-ud-Din alias Goga and another 1970 SCMR 30.

5. Learned State counsel concedes to the grant of bail to the applicant stating that the applicant was of tender age at the time of incident and on the ground of hardship for his remaining in custody for last more than 3-1/2 years. 6. 6.. I have considered the arguments addressed by the learned counsel for the parties and perused the material placed before the Court apparently this incident took place at the spur of moment on exchange of harsh words between accused and complainant party the applicant was referred by the learned trial Court to Chandka Medical College Larkana for determination of his age and the applicant was examined on 16-7-2008 by the Special Medical Board and he was found to be aged about 19 years at the time of his examination. The opinion of Medical Board reads as under:-- After scrutinizing all relevant papers verifying marks of identification, Radiological and dental examinations the Member of the Special Medical Board are of unanimous opinions that the age of accused Mr. Muhammad Ramzan son of Mashooque Buriro appears to be about 19 years. Obviously at the time of the incident which took place on 17-7-2005, the applicant was aged about 16 years. In the case of Saghir-ud-Din alias Goga (supra) Honourable Apex Court has held as under: "Age of accused on X-ray examination found to be 16 - 17 years. Good ground for bail even in case of special offence." Moreover the applicant is continuously in custody since last more than 3-1/2 years and not a single witness has been examined by the prosecution till the date.

7. In view of what has been discussed I am of the considered view that the applicant has made out his case for grant of bail, therefore bail is granted to the applicant Muhammad Ramzan in the sum of Rs.200,000 (Rupees two hundred thousand) with PR bond in the like amount to the satisfaction of learned trial Court. The bail application is allowed. H.B.T./M-180/K Bail granted.