2008 PLP 2023 (YLR)

GHULAM DASTAGIR A. SHAHANI, J.

This Criminal Bail Application is submitted on behalf of applicant/accused namely Faiz Muhammad son of Hasil Tarat in a Crime No.97 of 2007 Police Station Ubauro under sec?tions 395, 397 and 511, P.P.C. The facts of the F.I.R., in brief are that on 6-6-2007, one Muhammad Haneef recorded F.I.R., with Police Station Ubauro stating therein that, he has 15 acres agricultural land in Deh Chutto Daho, where his haries namely Muhammad Soomar and Hazoor Bux Shaikh were residing who were grazing his buffaloes in jungle. Further case is that complainant, Abdul Jabbar and Abdul Rasheed (his brother) went to the agricultural land in order to visit the same, where they heard cries of above-named Muhammad Soomar and Hazoor Bux and saw that accused persons namely Murad, Dost Muhammad and Kouro with Kalashnikovs, Roopah and Ahsan with guns, Jial, Rano and Ali Gohar with hatchets, Faiz Muhammad, Jiand and Dhani Bux having Lathies in their hands were driving out buffaloes of the complainant. The allegation against the present applicant/accused is that, he gave Lathi blows to Muhammad Soomar Shaikh on different parts of his body. However, on crying of complainant and P.Ws. they left the buffaloes and went away towards Katcha side. Complainant after getting letter from Police Station Ubauro for the purpose of treatment of both the injured filed miscellaneous application before Justice of Peace Ghotki and after usual investigation challan was submitted before competent Court of law and case is pending before IVth Additional Sessions Judge Mirpur Mathelo, where bail application was filed but same was rejected on 5-10-2007, hence present application. Heard learned counsel for the applicant/accused, who mostly repeated same facts and referred a case of Manzoor Ali alias Mumtaz v. The State 2001 PCr.LJ

344. On the other hand Mr. Ghulam Sarwar Korai State Counsel raised an objection for grant of bail, on the ground that there is a delay in recording of the F.I.R. and nothing has been robbed from the complainant and enmity is alleged with the complainant party, and witnesses are also so related with each other. Heard, learned counsel for the applicant/accused, as well as to the learned State Counsel and perused the relevant material available on record. The law referred by the learned counsel is also relevant, mostly having same facts. Alleged incident is dated 22-5-2007, whereas F.I.R., is registered on 6-6-2007 and nothing has been robbed, in spite of it that, accused persons having Kalashnikovs, guns, hatchets and Lathies respectively. Complainant and P.Ws. are said to be related to each other and others are said to be private servants of the complainant and interested. Not only this, but enmity is also alleged with the complainant. Accused has been assigned a role of causing Lathi injuries to P.W. Muhammad Soomar, declared as Shajjah-i-Khafifah i.e. 337-A(i) P.P.C., punishment only for two years, and applicant is said to have not been previously convicted. It is settled principle of law that benefit of doubt always goes in favour of accused, whereas tentative assessment is to be made at bail stage. From aforesaid facts and circumstances, present matter requires further enquiry, therefore, as a grace applicant is admitted to bail on furnishing solvent surety in the sum of Rs.200,000 (Two lacs) and P.R. bond in the like amount to the satisfaction of the trial Court. Above are the reasons of my short order dated 12-5-2008. H.B.T./F-35/K???????????????????????????????????????????????????????????????????????????????????? Bail granted.