2009 P Cr (PLP)

KHADIM HUSSAIN M. SHAIKH, J.

Through this application applicant Sikander has sought post-arrest bail in Crime No.32 of 2003 for offences under sections 302, 34, P.P.C. of Police Station Valeed, after his bail application' was dismissed by the learned Court of 4th Additional Sessions Judge, Larkana vide order dated 1-12-2008.

2. The prosecution case in nut shell is that on the date of incident i.e. 4-6-2003 complainant Talib Hussain, his brother Haji Loung, his brother in law Riaz Hussain and his friend Ali Murad in a Qinkchi (Riksha), were going to the city and at about 7-15 n.m. when they reached near Ghaar Wah Bridge at G.T. Road Larkana they saw accused Sikander son of Gul Khan Khokhar, Shoukat son of Pathan Kori and one unknown person, all having pistols in their hands and the accused stopped Qinkchi and by forcibly getting down Loung Khan from Qinkchi accused Sikander and Shoukat Kori made 7/8 fires straight at Loung Khan, which hit him, who raising cry fell down. All the accused ran away raising slogans towards eastern side. The complainant and P.Ws. found Loung Khan lying dead having injuries. Then complainant leaving P.Ws. over the dead body of Loung Khan appeared at Police Station Valeed and lodged his F.I.R. being Crime No.32 of 2003 under sections 302, 34, P.P.C. on 4-6-2003.

3. Learned Advocate for the applicant has mainly contended that co-accused Shoukat and Asghar alias Ali Asghar have already been admitted to bail by the learned trial Court on the basis of affidavits sworn by the complainant and P.Ws. Ali Murad and Riaz Hussain vide bail order dated 25-8-2007, that complainant Talib Hussain P.Ws. Riaz Hussain and Ali Murad and Mashir Khuda Bux by filing affidavits in the learned trial Court, have also exonerated the present applicant Sikander Khokhar who is continuously in custody since 6-2-2007 and not a single witness has been examined till the date. She also files affidavits of one Muhammad Ramzan son of late Loung Khan (son of deceased Leung Khan in this case) and of Mst. Anwar Begum wife of late Loung Khan (widow of the deceased), who both are present in the Court and have also exonerated the applicant Sikander and they states that they have no objection if the applicant Sikander is released on bail. She placed her reliance on the cases of Muhammad Najeeb v. The State 2009 SCMR 448 and Muhammad Nawaz alias Najja v. The State 1991 SCMR 111.

4. Learned State Counsel concedes to the grant of bail to the applicant on the rule of consistency and so also on the ground that legal heirs namely Muhammad Ramzan and Mst. Anwar Begum, who are present in Court, have also raised no objection to the grant of bail to the applicant.

5. I have considered the arguments addressed by the learned counsel for the parties and have also gone through the material placed before the Court. I find that co-accused Shoukat and Asghar alias Ali Asghar have already been admitted to bail by the learned trial Court on the ground of affidavits filed by the complainant and P.Ws. Ali Murad and Riaz Hussain whereby they exonerated them, that the complainant Talib Hussain, P.Ws. Ali Murad and Riaz Hussain and Mashir Khuda Bux by filing affidavits before the learned trial Court, certified copies whereof are available on the record of this Court, have exonerated applicant Sikander Khokhar. Moreover, the legal heirs of deceased Loung Khan, namely Muhammad Ramzan and Mst. Anwar Begum have filed their affidavits and have raised no objection to the grant of Bail to the applicant, who has also remained in custody for more than 27 months and that case of the present applicant is at par to that of co-accused Shoukat, who has been granted concession of bail by the learned trial Court vide order dated 25-8-2007. Following the dictum laid down by the apex Court in the cases (supra) and so also on principle of rule of consistency, the bail is granted to the applicant Sikander in the sum of Rs.300,000 (Rupees three lacs only) subject to his furnishing solvent surety and P.R. bond in the like amount to the satisfaction of the learned trial Court. Bail Application is allowed. H.B.T./S-106/K Bail granted.