2010 PLP 752 (YLR)

BIN YAMIN, J.

This order will dispose of bail before arrest application made on behalf of applicant/accused Nabi Bux son of Ali Bux who apprehends his arrest in case F.I.R. No.126/2008 Police Station, A-Section Kandhkot registered under sections 337-A(i), (ii), F(i), 147, 148, 504, 114, 337-H(ii), P.P.C. Brief facts of the case are that on 10-6-2008 complainant Shahzado Sabzoi, lodged F.I.R. at the afore-noted police station, stating therein, that on that day, he along with his brother injured Ali Gohar was ploughing the land. That at that time applicant/accused armed with hatchet along with five others, named in the F.I.R. came there. It is further alleged that accused Ghulam Rasool alias Goro instigated other accused to attack the complainant party for ploughing the field. Therefore, applicant/ accused and others attacked the complainant party in which it is alleged that the applicant/accused caused hatchet blow which injured Ali Gohar sustained on his right eyebrow. The other accused also caused injuries to Ali Gohar and complainant. On the cries of complainant and firing reports, people from the village came there, seeing them, the accused ran away from the place of wardat. Thereafter, complainant brought injured to Police Station and after getting letter for medical treatment he went to Hospital and there-after, at about 9.00 p.m. he lodged F.I.R. of the case. Applicant/accused apprehend ing his arrest in this case has filed this application for grant of bail before arrest. Heard Advocate for the applicant/ accused and learned State counsel and perused the case papers. Injured Ali Gohar is also in attendance. Learned counsel for the applicant submits that the applicant/accused is innocent and is falsely involved in this case because of a dispute. He further submits that one Ghulam Hussain from the accused party has also lodged F.I.R. against complainant party of this case which F.I.R. has been recorded at Serial No.128/2008 at the same police station. That complainant of this case, Shahzado is also an accused in the case in the F.I.R. lodged by Ghulam Hussain. He further submits that there is delay of about 13 hours in lodging of the F.I.R. though the police station is at a distance of about two kilometers from thee place of incident. That, as there is dispute in between the parties earlier to the lodging of the F.I.R. therefore, possibility that the applicant/accused is involved in this case because of earlier dispute cannot be overruled. He further submits that except section 337-A(ii) P.P.C. all other sections applied by the police in this case are bailable one and the punishment for that section is only five years. That because of the delay in lodging the F.I.R. the possibility that consultation, prior to the lodging of F.I.R. may have taken place, cannot be overruled. He, further, requested that earlier interim bail before arrest granted to the applicant/accused may kindly be confirmed. Learned State counsel opposed this bail before arrest application on the ground that specific part has been assigned to the -applicant/accused in the occurrence of the offence. That the injury sustained by Ali Gohar for which punishment provided as five years is attributed to the applicant/ accused which fact also finds support from the medical certificate issued by the doctor. He, therefore, requests for rejection of this bail before arrest application. I have considered the contentions raised at the bar and have also perused the case papers. Admittedly, therefore, is delay of about 13 hours in lodging of the F.I.R. The fact that the parties prior to this incident were not on good terms is also available on the record. The injured, who is in attendance in Court, at this stage, appears quite well. Counter cases have been registered by the parties against each other, therefore, having regard to the afore-noted facts. I am of the opinion that a case for grant of bail before arrest to the applicant, at this stage, is made out therefore, I allow this application and confirm the bail before arrest earlier granted to the applicant/ accused Nabi Bux and allow him to remain on the same surety. Bail Application stands disposed of. H.B.T./N-24/K Bail confirmed.