2010 P Cr (PLP)

MRS. YASMIN ABBASEY, J.

Applicant Hamid, who is registered in Crime No.56 of 2004, Police Station Tando Jam, under sections 302, 114 and 34, P.P.C., has moved this application for the grant of bail.

2. Case of prosecution is that on 15-6-2004, when the complainant along his brothers Ghulam Nabi and Allandad was going towards Tando Qaiser and when reached in front of the water pump, this applicant along with his companion namely Kando, Aijaz Khoso, Jummo and Sohrab armed with weapons followed them. After reaching near to the complainant and his brothers they got them down from the tonga and started using abusive language due to old enmity in between the parties. It is stated that at the instigation of this applicant all the four persons attacked on the complainant. Complainant and his brother Allandad saved their lives after running from the place of incident, however, they caught hold Ghularn Nabi, all the four culprits started giving sickle blows on his head and other parts of body. During this maltreatment Ghulam Nabi fell down on the ground. Thereafter all the culprits left the place of incident. After leaving of culprits, complainant saw that his brother Ghulam Nabi has died.

3. Learned counsel for the applicant pointed out that no specific role has been assigned to this applicant as all the four culprits have jointly beaten the deceased. At this stage it is difficult to ascertain that at whose hand deceased Ghulam Nabi received fatal injuries. It is further pointed out that this applicant Hamid is shown to have armed with DBBL gun at the time of incident but as per medical report all the injuries stained by the deceased were caused to him by sharp cutting weapon, hence, false implication of this applicant cannot be ruled out.

4. Mr. Muhammad Azeem Panhwar, learned Advocate for the State has also conceded to the fact that the deceased received injuries from sharp cutting weapon, whereas applicant Hamid was armed with firearm weapon.

5. From perusal of record it appears that deceased Ghulam Nabi had not received any firearm injury on his person, all the injuries sustained by him were through sharp edged weapon, hence, at this stage there is no direct role against this applicant, which makes the case of applicant Hamid that of further inquiry. In view of forgoing reasons, applicant Hamid is allowed to be enlarged on bail subject to furnishing solvent surety in the sum of Rs. 200,000 (Rupees Two lac) and P.R. Bond in the like amount to the satisfaction of learned trial Court. H.B.T./H-33/K Bail granted.