2006 PLP 3121 (YLR)

MUHAMMAD AFZAL SOOMRO, J.

By an order dated 15-3-2002, learned counsel for the applicant sought bail in anticipation of his arrest in a case bearing Crime F.I.R. No.94 of 2001, Police Station, New Foujdari Shikarpur for an offence under section 337-A(i) and (ii), Q.D.O. 34-504, P.P.C., which is now fixed for confirmation or otherwise. The prosecution story as unfolded in the F.I.R. is that on 22-6-2001 at 12-10 Noon one Nauman Ali Soomro appeared at Police Station, New Foujdaari District Shikarpur and recorded entry which later on was converted into an F.I.R. on 26-6-2001 at 1-30 p.m. The details whereof are reproduced as under: "Complainant Noaman Ali son of Rehan Ahmed Soomro, resident of Panj Gulli, Shikarpur, came and reported the matter that some time ago Murtaz son of Zawar Muhammad Alam Buriro, was teasing him, unnecessary, on which I asked him not to do so, and restrained him from doing so. On the day of incident, I went to his hotel, near Panj Gulli Shikarpur, where Murtaza came to me on which I asked him to bring tea, Murtaza inspite of bringing tea unnecessary teasing me, but I declined, on which Murtaza abused and issued me filthy language, on which I told him to be gentleman not to issue harsh words to me, on which Gulab and Kuraro both sons of Zawar Alam Buriro, who were sitting on counter came towards me and all the accused at about 11- 30 a.m. inflicted kicks and fist blows and outside of their hotel accused Murtaza gave bricks bat blow which landed on my head and back side, on which I raised cries, on my cries my father Rehan Ahmad and Ranjhan son of Khabar Shaikh, R/o Near Haji Koura Khan Bungalow and other present in the hotel for taking tea intervened and accused me, I then went to Police Station and lodged N.C. which was after receipt of Medical Certificate, incorporated in 154, Cr.P.C. as F.I.R., I am complainant action be taken." 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 his client is false who has been implicated in the background of enmity as disclosed in the F.I.R. It has further been contended that the applicant being respectable' persons of this locality apprehend an irreparable injury to his respect and reputation due to mala fide arrest on the part of police in collusion of the complainant party. It has also been argued by him that the involvement of the applicant in the false case of this nature is due to mala fide on the part of police the same is motivated with ulterior motives. Learned counsel further argued that according to the F.I.R. the applicant was disclosed to be armed with brick and was alleged to have caused a brick blow from a piece of brick which hit on the head of injured and the same was certified by the Medical Officer as Shajah-e-Mudiha being punishable for five years. It has further been contended that the offence being punishable upto five years goes out of prohibition contained in section 497(1), Cr.P.C. In support of above contentions, learned counsel has referred to the following case laws:-- (1) Master Dur Muhammad and 2 others v. The State 1994 PCr.LJ 1769; (2) Liaquat Ali Mugher and others v. The State 1999 PCr.LJ 65 and (3) Abdul Hayee Siddiqui and 2 others v. The State 1993 PCr.LJ

446. Mr. Mushtaque Ahmed Kourejo, Advocate appearing on behalf of the State, concedes to the above legal position and raised no objection if the applicant is enlarged on bail in anticipation of his arrest. What it has been discussed above, I am of the considered opinion that applicant Murtaza son of Zaman Muhammad Alam has been able to make out a case for confirmation which is confirmed on the same terms and conditions. Cr. Bail application No.S-182 of 2002 stands disposed of in the terms stated hereinabove. H.B.T./M-127/K Bail confirmed.