2006 PLP 3167 (YLR)

KHILIJI ARIF HUSSAIN, J.

The applicant seeks bail in Crime No.8 of 2005 registered at Police Station Karan Sharif District Shikarpur. The allegation against the applicant is that on 1-5-2006 he along with co-accused Ali Bahar, Habibullah having gun, Suhno and Illahi Bux having pistol and Babo having Lathi brought' thrasher on the land of complainant, thrashed his wheat crop lying in the land weighing 30 mounds and took away in the trolly of tractor by show of force within view of the complainant. The incident occurred on 1-5-2006 at 2030 hours of night whereas the F.I.R. was lodged on 12-5-2006. Mr. Muhammad Ayaz Soomro, learned counsel for the applicant argued that under section 395, P.P.C. alternate punishment has been provided viz. imprisonment for life or imprisonment not less than four years and more than 10 years and contended that when the alternate sentence has been provided then lesser sentence should be considered by the Court and in support of his contention he relied upon the case of Arshad Mehmood v. The State (1985 PCr.LJ 2048) and Muhammad Akhtar v. The State (1994 PCr.LJ 2340). He further contended that value of 30 mounds wheat is about Rs.12,000 only and the allegation against the applicant has been levelled due to enmity between the parties and in this regard relied upon photocopy of the order passed in Suit No.151 of 2005 pending between the parties in the Court of Senior Civil Judge, Shikarpur. On the other hand, learned State Counsel argued that name of the applicant appears in the F.I.R. and specific role has been assigned to him. I have taken into consideration the respective 'arguments advanced by the learned Advocates for the parties and perused the record. Section 395, P.P.C. provides that whoever commits Dacoity shall be punished with imprisonment for , life, on rigorous imprisonment for a term which shall nor be less than four years nor more than ten years and shall also be liable to fine. The sentence not less than four years was incorporated by Ordinance III of 1980 on 3rd February, 1980 which make the intention of the legislature very clear that when the case is registered under section 395, P.P.C. the Court cannot award sentence less than four years and can award sentence not more than ten years. Respectfully following the principle laid down in the case of Arshad Mehmood (supra) and Muhammad Akhtar (supra) the applicants are admitted to bail subject to his furnishing surety in the sum of Rs.50,000 and P.R. bond in the like amount each to the satisfaction of trial Court. However, the learned trial Court is directed to expedite the proceedings and dispose of the matter as early as possible. H.B.T./S-59/K???????????????????????????????????????????????????????????????????????????????????? Bail granted.