2004 PLP 875 (YLR)

Muhammad Ayaz Soomro for Applicants. Muhammad Ismail Bhutto for the State. Brief facts of the matter per F.I.R. No.23 of 2003 of Police Station Tarigwani District Jacobabad are that on the day of occurrence i.e. 13-4-2003 at 07-00 hours whilst the complainant, Haji Karim Bux, his brother Taigo, nephew Muhammad Ramzan had gone to their lands for harvesting, the accused Dildar armed with gun, Paharuddin, Haruf, Hanif, Dilmurad, Luqman armed with Lathi and Karimore armed with a hatchet appeared. Whereupon Dildar said that as Adam son of Taigo had been declared Karo and they were not settling the matter, today the complainant party would not be spared. Thereupon accused Karimore caused hatchet blows to Taigo on his head and left arm whereas the rest of the accused caused Lathi and hatchet blows to the complainant and his nephew Muhammad Ramzan and son Eiden. Thereafter the accused fled away alongwith their respective weapons. Taigo was seriously injured, he was taken to the hospital where he expired. In the foregoing facts and circumstances Mr. Muhammad Ayaz Soomro, learned counsel for the applicants has firstly submitted that the case of prosecution against the applicants Haruf and Hanif both sons of Wahid Bux are of a general nature viz. causing injuries to the complainant party with their Lathis and since a number of accused were armed with Lathis, it is yet to be ascertained as to who in fact had caused the injuries in question to the complainant party which are borne out from the medical record. Secondly learned counsel has submitted that counter F.I.R. bearing No.24 of 2003 of the same police station had been lodged by the complainant Wahid Bux, who is the father of the applicants against Haji Karim Bux, Muhammad Ramzan etc. In the said F.I.R. counter allegations had been mach against the complainant party: Finally learned counsel has submitted that the offences for which the accused have been charged, do not come within the prohibitory clause of section 497(1), Cr.P.C.; he has therefore, prayed that the bail be granted. Learned counsel for, the A.A.-G. has not opposed the grant of bail primarily for the reason that accused Karimore had also been injured by a hard and blunt object, hence the counter-case though disposed of/cancelled by the police can yet be considered by the learned trial Court. Particularly the aspect of injury sustained by Karimore which has been certified by the medical authorities. I have heard learned counsel for the applicants and learned counsel for the A.A.-G. In my view this appears to be a case of two versions inasmuch as it is yet to be determined as to who was the aggressor in the matter. Secondly there is only general allegation against the applicants and other accused of causing Lathi and hatchet injuries to the members of the complainant party. Again as far as the alleged hatchet injuries are concerned these are not borne out from the medical evidence so far gathered by the prosecution inasmuch as the two injured are only certified to have received their injuries by hard and blunt object. Secondly it would be seen that as far as the case of common intention is concerned viz. the deadly attack upon the deceased Taigo it would be one of further enquiry as far as the applicants concerned since they never participated in the same at all per the allegations contained in the F. I. R. Consequently I allow this application and set the applicants free on bail provided they furnish surety in the sum of Rs.1,50,000 each alongwith P.R. bond in the like amount to the satisfaction of trial Court. The bail application stands disposed of. N.H.Q./A-526/K Bail allowed.