1984 P Cr (PLP)

S. 497/498-Bail proceedings-Only tentative assessment, held, is to be made at bail stage. Ghulam Nabi Soomro for Applicant. Muhammad Ibrahim Memon, A. A.-G. for the State. This bail application has been filed on behalf of applicant accused, Khuda Bux who is facing trial under sections 302, 307, 398, P. P. C. in a case registered at Police Station Johi on 10th April, 1983 at 7.00 a. m. by Noordin Rind. According to F. I. R. Noordin Rind is Hari of Abdul Rahim on night of incident. Nooruddin alongwith his sons Rafiq aged 12 years and Yaqoob aged 14 were sleeping at the electric tubewell where pair of bullock was tethered. At about 1-30 night complainant heard voices and saw two persons on the light of electric, who were untethering bullocks. They were said to be armed hatchets, three other persons with guns having their faces open were standing outside the hut. Complainant raised cries on which his sons Rafique, Ayoob and other Haris namely Ali Sher, Haji Shahan and Nooro woke up. They tried to rescue the bullocks, which were being taken away by accused. Three accused who were armed with guns fired at applicant party, which hit Rafique, Ayoob and Ali Sher, who fell down. That accused ran away. Rafique died, Ali Sher and Ayoob also sustained gunshot injuries. Complainant Nooruddin, went and lodged report at Police Station Johi. Police after usual investigation challaned Khada Bux, Uris, Gul Hassan and Shahan co-accused. Gul Hassan Uris Shahan have been granted bail by Second Additional Sessions Judge Dadu and rejected the bail plea of present applicant on the ground that recovery of crime weapon have been made from him. Mr. Ghulam Nabi Soomro, Advocate contended that names of appli cants do not appear in F. I. R. There is general allegation of firing, identi fication has been held 12 days after arrest of the accused and that co accused have been granted bail on the basis of same evidence as against the applicant. Mr. Muhammad Ibrahim Memon, Additional Advocate-Genera vehemently opposed the bail application on the grounds that Rafique a boy of 12 years lost his life and sustained as many as 18 gunshot injuries He further submits that Uris and Ali Sher have also received gunshot injuries. I have gone through the record and found that all the witnesses have identified the applicant. Gun has been recovered from the accused any empty was found from the wardat. The report of Ballistic Expert is awaited. There is no enmity between the parties. Mr. Ghulam Nabi has produced photo copy of Criminal Bail Application No. 984/82 (Jano v State), the facts of-.that case are distinguishable from the present case. Only tentative assessment is to be made at bail. State. Application of Khada Bux for bail is dismissed. Before parting with this order it is regretted to note that learned Additional Sessions Judge while deciding the bail application of co accused has deeply discussed entire evidence of the prosecution and I fee his order may prejudice the case of prosecution. Not only this but he ha' adopted abnormal procedure in calling Investigating Officer in the Court and made enquiries from him at bail stage which in all fairness could have avoided. M. Y. H. Bail refuse