2010 PLP 1753 (YLR)

AHMED ALI SHAIKH, J.--Applicants Muhammad Nawaz, Ahsan Ali and Mehar Dil alias Meer Ven seek pre-arrest bail in Crime No.97 of 2009, Police Station Jamshoro, under sections 147, 148, 149, 452 and 337-F (iii), P.P.C.

2. Vide order dated 23-7-2009 the applicants were admitted on interim pre-arrest bail.

3. It is, inter alia, contended that applicants have been involved due to previous enmity between the parties, which is also admitted in the F.I.R. Learned counsel for the applicants has placed on record the copies of two F.I.Rs. bearing Nos.8 of 2007 and 140 of 2009 of Police Station Dodopur and Qassimabad respectively. It is further contended that the present F.I.R. was lodged as a counterblast against the applicants. Per medical certificate the injury received by the complainant has been declared as Ghay-r-Jaifah Mutalahimah, which falls under section 337-F(iii), P.P.C. and punishable upto three years and does not fall within the prohibitory clause of section 497, Cr.P.C. Learned counsel further contended that the injury sustained by the complainant is on non-vital part of the body.

4. Mr. Shahid Ahmed Shaikh, learned Assistant Prosecutor-General Sindh vehemently opposed the bail plea of the applicants on the ground that they are nominated in the F.I.R. and they have been attributed specific role of causing injury to the complainant.

5. Heard learned counsel for the parties and perused the papers available on record. Per F.I.R. at the time of incident applicant Mehar Dil was armed with Chhuri, whereas applicants Ahsan Ali and Muhammad Nawaz were armed with pistol along with two unknown persons having lathis and after abusing the complainant they caused kicks and fist blows to the complainant. Applicant Ahsan fired with his pistol, which hit at the left leg of the complainant; Applicant Mehar Dil caused Chhuri injury at the left shoulder of the complainant. So far the allegation against applicant M. Nawaz is concerned, no overt act is attributed to him. The allegation levelled against the applicant Mehar Dil did not find support from medical evidence in which only one injury has been shown. So far the case of applicant Ahsan is concerned, it is alleged that he caused fire-arm injury, which has been opined by the Medico-Legal Officers as Ghay-r-Jaifah Mutalahimah, which is punishable upto three years and does not fall within the prohibitory clause of section 497, Cr.P.C. Since the parties are at daggers drawn since long and prior to this incident two F.I.Rs. as referred above, have been lodged by the applicants against the complainant, hencethe false implication of the applicants cannot be ruled out. However, the medical evidence does not corroborate the ocular version of the prosecution. On the contrary, it negates the version of the complainant hence no sanctity can be attached to the complainant's version.

6. In view of the above circumstances and following the dictum laid down by Honourable Supreme Court in the case of Meeran Bux v. The State and another PLD 1989 Supreme Court 347, where the accused was alleged to have caused fire-arm injury on the leg of the deceased, he was admitted on pre-arrest bail, I confirm the interim pre-arrest bail earlier granted to the applicant vide order dated 23-7-2009 on same terms and conditions. H.B.T./M-73/K Bail confirmed.