2011 PLP 376 (MLD)

MUHAMMAD TASNIM, J.

The applicant Hakim Ali Lashari is booked in Crime No.102 of 2005 of Police Station, Kot Diji for offences punishable under sections 364 and 149, P.P.C. The facts of the prosecution case as set out in the F.I.R. are as:-- "It is reported that I am originally resident of Larkana City. About 1 years back, .our matrimonial dispute has been arisen with Hakim Ali Lashari and others and due to such continuous annoyance and fight, I became pettish and shifted from Larkana to village Murad Gopang, Taluka Kotdiji. My friend Taj Muhammad Gopang and after our shifting, Hakim Ali Lashari and others used to say that they would not spare us, yesterday night I along with my brother Mazhar Ali aged about 17/18 years and other house inmates were sleeping in the house, the electric bulbs were lit on in the house, while at about 0500 hours, woke-up and saw that accused each (1) Hakim Ali son of Khuda Bakhsh Lashari armed with Gun (2) Muhammad Achar son of Qabool Khan Lashari (3) Qurban son of Muhammad Alam Lashari, armed with Pistols, all r/o Larkana Town in collusion with two unidentified persons, duly armed with Pistols, who were seen clearly on the light of electric bulbs as and when seen again, they would be identified, trespassed into the house, all of a sudden accused Hakim Ali, Muhammad Achar and Qurban caught-hold of my brother Mazhar Ali from his arms and started to drag him out from the house, and unidentified accused threatened not to come near them and also issued murderous threats. Due to which we raised cries, which attracted neighbourers Taj Muhammad son of Shafi Muhammad Gopang and Jamaluddin son of Muhammad Ali Gopang had also seen and identified them, but due to fear of weapons, they did not make any resistance. Thereafter all the accused persons dragged my brother Mazhar Ali outside of the house and put him in white colour Car, which was parked there and went away. At morning time, I went to nekmards and narrated such facts. Now I have come to make complaint that above mentioned accused due to annoyance of old matrimonial ties being in collusion with each other with their common object have trespassed into the house and abducted my brother Mazhar Ali with intend to commit his murder." It is pointed out by the learned counsel for the applicant that co-accused Muhammad Achar has been admitted to bail by the trial Court but the present applicant has been refused bail on the ground that he was absconder. He further says that the mere absconsion cannot be made basis for rejection of the bail. He has relied upon the case of Mitho Pitaf v. The State wherein the Honourable Supreme Court of Pakistan has held that it is a well-settled principle of law that bail can be granted, if an accused has good case for bail on merit and mere absconsion would not come in way while granting the bail. In view of above rule laid-down by the Honourable Supreme Court of Pakistan the learned A.P.-G. conceded for grant of bail to the present applicant, which is accordingly granted to the applicant. The applicant is directed to furnish solvent surety in the sum of Rs.1,00,000 (One Lac) and P.R. bond in the like amount to the satisfaction of trial Court. The Criminal Bail Application No. S-773 of 2010 is disposed of. H.B.T./H-22/K Bail granted.