2001 P Cr (PLP)

Ahmed Ali M. Shaikh for Applicants. Altaf Hussain Surahi for the State.

1. Granted subject to all just legal exceptions.

2. The applicants are detained in Crime No. 44 of 2000 under sections 324, 337‑H(ii) and 34, P. P. C. The F. I. R. was filed by one Allah Dino Shah at Police Station Badeh on 5‑6‑2000. The bail application of the present applicant/accused was dismissed by the learned 6th Additional Sessions Judge, Larkana by order, dated 17‑8‑2000. The facts enumerated in the F.I.R. are that on the day of incident the complainant and his brother Nazir Shah went to Chattal Shah for demanding his loan amount amounting to Rs. 30,000 ; .r 1 after making demand for the loan amount he became annoyed and told that he will see them and thereafter they came to their Otaq where his brother Nazir Shah and his maternal‑uncle Khadim Hussain were sitting in the said Otaq where at about 11‑00 a.m. accused Qamar Shah armed with Ladhi, Badder Shah armed with pistol, Zulfiqar Shah armed with rifle, came there and told to complainant party that they have disgraced their father Chattal Shah, therefore, they will not spare them. Saying so accused Qamar Shah caused Lathi blow to Nazir Shah on his head and the rest accused fired in the air. The complainant party raised cries, whereupon Chattal Shah, who was armed with a gun, came running and extending Hakals to the complainant party and with the intention to cause their murder, fired gunshot upon Nazir Shah which hit him on his left leg who fell down. The people of the area came on cries and fire‑arm reports and witnessed the incident. The complainant took his injured brother Nazir Shah to police station where the F.I.R. was recorded. After usual investigation of the case, the case was challaned and the bail plea was moved and the same was rejected. The bail plea was filed in the Court of Sessions Judge, Larkana but it was transferred to 6th Additional Sessions Judge, Larkana where the bail of co‑accused Badder Shah was granted while the bail application of the present applicant namely Qamar Shah was rejected vide order, dated 17‑8‑2000, hence this bail application is filed. It is stated. by the learned Advocate for the applicant that according to the F.I.R. applicant Chattal Shah had fired a gunshot which hit P.W. Nazir Shah on his left leg which is non‑vital part of the body and the part social worker and brother of the victim. The victim herself is not the complainant. However; the victim had stated that the incident had taken place on 3‑4‑1999 while the complaint in the Court was assigned to the applicant Qamar Shah is that he had caused Lathi blow to P.W. Nazir Shah on head. It is also stated by the learned counsel for the applicant that as per F.I.R. the applicant Chattal Shah had received loan of Rs. 30,000 from complainant and on demand the applicant Chattal Shah annoyed, therefore, on the money dispute they have been involved falsely. It is argued by the applicants' Advocate that the injury on the person of Nazir Shah caused by the applicant Qamar Shah is an injury caused by sharp cutting weapon whereas it is stated in the F.I.R. that the said Qamar Shah was armed with Lathi. Therefore, there is conflict in the ocular evidence and the medical evidence. Learned Advocate for the applicants/accused has further stated that the injuries attributed to the co‑accused Chattal Shah, who is alleged to have fired on complainant, caused on the person of injured, fall within the ambit of 337‑H(1) which is punishable upto 3 years and applicant accused is entitled for the grant of bail in view of the nature of injury and conflict in the medical and the ocular evidence. Learned Advocate for the applicants/accused has cited case of Muhammad Muzaffar v. The State 1995 PCr.LJ 1345 in which it has been held that the injury attributed to accused was Jurah‑e‑Ghair Jaifah entailing maximum punishment for 3 years which does not fall within prohibitory clause of section 497(1), Cr. P. C. Mr. Altaf Hussain Surahi, learned counsel appearing on behalf of the State, has conceded for the grant of concession of bail to the applicants/accused in view of the conflict in the medical and the ocular evidence and that the fight has taken place on the demand of loan amount. Since in view of the case‑law authority and the conflict in the medical and ocular evidence in respect of the infliction of the injury has been specifically attributed against Qamar Shah that he caused Lathi blow to injured Nazir Shah on head but, whereas the accused by sharp -cutting weapon. Whereas the injury attributed to Chattal Shah is that he fired a gun shot on Nazir Shah which hit him on leg. The said injury does not fall within the ambit of section 337‑G. As per A medical certificate injury No. 1 is described as Jurh Ghayer Jafia and injury No. 2 is Shajjah Khafifa, therefore, reasonable grounds are available and case of applicants is that of further enquiry hence they are entitled for grant of bail. Accordingly bail is granted to both the applicants in the sum of Rs. 1,00,000 (one lac rupees) each and P.R. Bond in the like amount to the satisfaction of trial Court. N.H.Q./Q-9/K Bail allowed.