2009 PLP 98 (YLR)

REHMAN HUSSAIN JAFFRI, J.--The applicants have been involved in the murder of Shamsuddin which allegedly took place on 17-10-2006 at 3-00 p.m. in the street of Tando Qaisar. The allegation of the prosecution is that 8 accused persons armed with guns, pistols and rifles attacked the deceased who was going along with complainant Aziz Ahmed, P.Ws. Raja and Lal Muhammad. The allegation against the present applicants is of instigation only whereas the allegation against the remaining accused persons is of causing fire arm injuries to the deceased. The learned Advocate for the applicant has argued that no overt act of causing fire arm injuries has been assigned to the applicants for causing any injury to the deceased or any of the P.Ws.; that there is recorded enmity between the parties as the applicant Hakim Ali was complainant in the murder case of his brother in which deceased Shamsuddin and P.Ws. Raja and Lal Muhammad were nominated as accused persons. Therefore, he has stated that the case of the applicants is of further inquiry. He has relied upon the cases reported as (1) 1993 SCMR 1992, (2) 1995 SCMR 343, 1994 SCMR 2161 and 1996 SCMR 1654. The learned Advocate for the complainant has strongly opposed to the grant of bail on the ground that the applicants shared common intention with other co-accused persons therefore by virtue of section 34, P.P.C., the applicants are not entitled for concession of bail and that the other accused are absconders and are issuing threats to the complainant party. Whereas the learned state counsel has no objection to the grant of bail in view of the rule laid down by Honourable Supreme Court of Pakistan in the cases relied upon by learned Advocate for the applicants. From the facts of the case, there is no other allegation except the presence of the applicants at the scene of incident coupled with raising Lalkara. They were armed with DBBL guns but they did not use the said guns in the commission of offence. There is no allegation that they caused injuries to the deceased or any of the P.Ws. There is recorded enmity between the parties as the applicant was complainant in the murder case of his brother in which the deceased and two P. Ws. were nominated as accused persons. The Honourable Supreme Court of Pakistan in the authorities relied upon by learned counsel for the applicants granted bail to accused persons against whom there was allegation of Lalkara and no part of firing was assigned to the accused persons for causing injuries to deceased or any witness. The said rule is applicable to the facts and circumstances of this case. Consequently, the bail is granted to the applicants in the sum of Rs.2,00,000 (Rupees two lac.) each on furnishing solvent surety and P.R. bonds in the like amount to the satisfaction of the trial Court. The applications are allowed. H.B.T./H-26/K Bail granted.