2008 PLP 1051 (MLD)

KHAWAJA NAVEED AHMED, J.

This bail application on behalf of applicant Ejaz Alam son of Saddar Alam, who was booked in case F.I.R. No.273 of 2007 under section 302, P.P.C. of Police Station Pakistan Bazar, Karachi. Brief facts of the case are that complainant Muhammad Gul Sher had lodged F.I.R. on 23-11-2007 at 1515 hours in respect of an accident which had taken place on 22-11-2007 at 2245 hours at Gali No.8, Arkiyana Colony, Sector 16, Gulshan-e-Bihar, Orangi Town, Karachi. The complainant has stated that his son Muhammad Naseem aged about 20 years, after closing his shop at 9 a.m. was going to his house. On the way he went to Gali No.8, Arkiyana Colony, Sector 16, Gulshan-e-Bihar, Orangi Town, Karachi, to meet his friends. At 11 P.M. the .complainant was informed at home that one bullet had hit his son Naseem on his thigh and he has been taken to Goriyan Hospital. The complainant reached there and found his son in injured condition. He along with his other son Qaiser had taken the injured Naseem to Abbasi Shaheed Hospital, Karachi, where he died due to the injury. It is stated in the F.I.R. that in Gali No. VIII there was wedding of Iqbal Dibbo's brother, in which one guest Ejaz son of Saddar Alam had fired .from his pistol, which hit his son Naseem on the right thigh. The accused was arrested, police investigated the matter and found it a cage of Qatal-e-Khata, which falls under section 319, P.P.C. Mr. Aamir Mansoob Qureshi, learned counsel for the applicant has filed along with this application an affidavit of the complainant Muhammad Gul Sher son of Abdul Rasheed, who states in paragraph No.4 as under:-- "(4) That I say that I have 'amicably patched up with the accused and I being complainant has forgiven the accused Ejaz Alam son of Saddar Alam and if the accused be granted bail I have no objection, as we both the parties had already patched up the matter at the very beginning, therefore, incarceration for indefinite period is amount to Violation of 'Natural Justice and denial the liberty, and the fundamental rights of the accused Ejaz Alam which also would not serve any purpose as the I being complainant had already forgiven the applicant on the name of Almighty Allah ." Ms. Kausar Niazi, learned counsel for the State, does not oppose the bail application. In the circumstances, bail is granted to the applicant on furnishing surety in the sum of Rs.25,000 and PR bond in the like amount to the satisfaction of the trial Court. H.B.T./E-2/K Bail granted.