2005 PLP 164 (MLD)

Muhammad Ismail Bhutto for the State. Applicant Ahmed Ali Jatoi seeks bail in a case bearing Crime No.206 of 2004, Police Station Mehar District Dadu under sections 302, 324, 504 read with 34, P.P.C. The bail plea of the applicant Ahmed Ali Jatoi was declined by the learned Sessions Judge, Dadu vide order dated 26-6-2004. The prosecution story as unfolded in the F.I.R. is that on 26-8-2003 complainant namely Muhammad Uris lodged his report alleging inter alia that his brother's son Zulfiqar was on inimical terms with Talib Hussain and an amicable settlement in order to defuse quarrel was made in which they were declared innocent. On 26-8--2003 he along with his nephew Zulfiqar Ali, cousin Noor Muhammad went together towards Mehar town and after fetching their work they were returning back to their village on Rickshaw and when reached at Ranjho Wah, they saw a bulb light and identified the accused as Talib Hussain being armed with Klashnikov, Ahmed Ali with gun and one unidentified accused, who was armed with pistol. The accused gave signal to stop Rickshaw which was done. Accused Talib Hussain fired a shot from his K.K. upon Zulfiqar who fell down. He again fired another shot on back side chest of Zulfiqar All, The co-accused also fired shot from their respective weapons but they fell down and the shots went ineffective. All the accused thereafter decamped from the scene of offence. His nephew Zulfiqar Ali sustained injuries on right muscle through and through on right side back of chest, right hand armpit through and through he was bleeding from the injuries. Thereafter they removed injured Zulfiqar Ali towards Hospital but he succumbed to the injuries and F.I.R. as mentioned above was lodged. The investigation followed and in due course the applicant was sent up to stand trial in the competent Court of law. I have heard learned counsel for the respective parties and perused the record. It has been contended by the learned counsel for the applicant that the case against the applicant is false who has been involved in the background of enmity and suspicion. It has also been contended that the applicant was arrested and taken into custody on 2-9-2003 and remained in custody for a period of one year. It has also been contended that only role attributed to the present applicant is to the extent of ineffective firing. The main accused Talib Hussain has not applied for bail, whose fire hit the deceased resulting in his death. Learned counsel in that eventuality submits that it is a fit case where the applicant could be enlarged on bail. Mr. Muhammad Ismail Bhutto learned State counsel concedes to the above legal position and raised no objection if the applicant Ahmed Ali Jatoi is enlarged on bail. For what it has been discussed above, I am of the considered opinion that learned counsel for the applicant has been able to make out a case for bail which accordingly is granted to applicant Ahmed Ali Jatoi provided he furnishes solvent surety in the sum of Rs.2,00,000 (Rupees Two lacs only) and P.R. bond in the like amount to the satisfaction of the trial Court. Criminal Bail Application No.598 of 2004 stands disposed of. H.B.T./A-126/K Bail granted.