2012 PLP 515 (YLR)

GHULAM SARWAR KORAI, J.

Through this application, the applicant seeks his release on bail. Facts of the case are that on 8-5-2011 Muhammad Yousif lodged F.I.R. stating therein that Aijaz Ali and Ayaz Ali aged about 27/28 years are his sons. About one month back his son Ayaz Ali contracted love marriage with Mst.Zakia niece of Ali Akbar R/O Bhan Saeed Abad therefore, her parents were annoyed. They were requested by the complainant himself and people of his community and therefore, matter was settled in their between. On the day of incident his elder son Aijaz went to meet his relatives at Bhan Saeed. Complainant and his son Ayaz Ali along with his wife were sleeping in the courtyard of their house while at about 3-00 a.m they woke up and saw on the light of bulbs and identified accused Ali Asghar armed with repeater Wazir, Javed and one unidentified person armed with guns all R/O Village Radhan Bhan Saeed Abad Taluka Sehwan. Accused Ali Asghar fired from his repeater and enquired about Ayaz. In the meanwhile nephews of the complainant Muhammad Qasim and Gulzar also came there. Son of the complainant also woke up and tried to save him by running inside of his house but was chased by the accused. Accused Ali Asghar fired from his repeater with intention to kill him which hit him on his head. He raised cries and fell down. Then all accused made their escape. Complainant party saw that Ayaz Ali was injured and was dead. Then complainant lodged the F.I.R. After completing investigation challan was filed on 13-6-2011 while present applicant was arrested on 20-6-2011. Bail application was filed on 29-6-2011 but it was dismissed by the court of learned IInd Additional Sessions Judge, Dadu on 20-7-2011 and that order is impugned in the present bail application. Heard Mr. Ali Anwar Sahar for the applicant and Miss Rubina Dhamrah for the State. Mr. Ali Anwar Sahar contended that the applicant is innocent and he has committed no offence whatsoever alleged by the prosecution. He further contended that complainant and accused named in the F.I.R. are caste fellows and are R/O Village Radhan Bhan Saeed Abad Taluka Sehwan while the applicant is Lakhair by caste and is R/O village Sando Lakhair Taluka Mehar and he has no concern with the accused party. He further contended that neither the applicant was named in the F.I.R., nor his descriptions were given but his name was disclosed by P.Ws. Muhammad Qasim and Gulzar in their statements under section 161, Cr.P.C. on 11-5-2011, two days before filing of the challan, thereafter the case of the prosecution is doubtful. He prayed that the applicant be released on bail. This bail application was opposed by the learned State counsel on the ground that the applicant is involved in this case of heinous offence in which a young person lost his life and the applicant is one of the companions of the accused nominated in the F.I.R. therefore he is not entitled for his release on bail. I have perused the file. Admittedly neither the applicant is named nor his descriptions were given in the F.I.R. Complainant and accused are caste fellows. Accused named in the F.I.R. are R/O of village Radhan Bhan Saeed Abad Taluka Sehwan while the present applicant is Lakhair by caste and R/O Village Sando Lakhair Taluka Mehar District Dadu. His name was disclosed by two witnesses namely Muhammad Qasim and Gulzar in their statements under section 161, Cr.P.C. on 11-5-2011 after about three days from the date of registration of F.I.R. No identification parade was held. Even there is no role against unknown accused. From the tentative assessment of the material available on record, I am of the view that the case of the applicant is of further enquiry therefore, his bail application was allowed vide short order dated 22-8-2011 and these are the reasons for the same. H.B.T./M-199/K Bail granted.