2004 PLP 1557 (YLR)

The bail plea of the applicants were declined by the learned Sessions Judge Dadu vide order dated 15‑12‑2003. The prosecution story as unfolded in the F.I.R. is that on 2‑12‑2002 at about 3‑30 p.m. complainant Ghulam Hyder, set the law into motion by lodging F.I.R. at Police Station, T.R. Khan District Dadu, alleging, inter alia, that on 11‑12‑2002 while he alongwith his cousin Muhammad Nawaz returned from Dadu where they had gone alongwith the father of the complainant namely Misri to attend the Court whereafter Misri (father of the complainant) remained at Dadu to see his brother Muhammad Hassan at hospital of Dr. Dawach, his brother Bashir and another cousin Khuda Dad informed them that as usual while they came out from the house alongwith their cattle for grazing, Ghulam Mustafa, Ghulam Qadir and Karim Bux, duly armed with lathies, came there. It is, further disclosed in the F.I.R. that Ghulam Mustafa while abusing said that yesterday their crop was damaged by the cattle of the complainant party who asked them to be reasonable and avoid abusing as their cattle did not damage their crop. However, Ghulam Mustafa and Ghulam Qadir caused lathi blows whereas Karim Bux gave kicks and fist blows to the said brother and cousin of the complainant. Having been apprised of such fact, complainant party when went to enquire from Kando about factual position and when reached near his house, accused persons Ghulam Mustafa, Ghulam Qadir, Moula Bux, armed with hatchets, respectively, Mehar, Idress, Karim Bux, Abdul Jabbar, Ali Muhammad, Ghazi, Abdul Ghafoor and Abdul Karim, armed with lathies, respectively, appeared and out of them Ghulam Mustafa and Ghulam Qadir, with an intention to kill caused sharp side hatchet bellows on the head and other parts of the body of Muhammad Nawaz, who fell down, Moula Bux caused hatchet blow on the forehead of Leemon, one of the companions of the complainant. Abdul Jabbar caused lathi blow on the head of Leemon whereas Abdul Karim caused lathi blow on the shoulder of Ghulam Shabbir, Karim Bux, sand ldress caused lathi blows on the head and arms of the complainant and co‑accused caused the complainant party lathi, kicks and fist blows. Having done so, all the accused persons went away and since Muhammad Nawaz had number of injuries and others had also some injuries, the complainant obtained letter for treatment and took them to Johi Hospital for treatment where they were admitted. Thereafter, he appeared at concerned police investigation due course police submitted challan adding section 302, P.P.C. in view the injured having expired. However, the applicants were sent up to trial in the Court of learned Sessions Judge, Dadu. Shah, learned counsel for the applicants and Mr. Mumtaz Alam Leghari, learned counsel for the State. It has been contended learned counsel appearing on applicants that the applicants and have, falsely, case due to enmity and suspicion. It has, further, been contended that there is no independent witness of the alleged incident except the complainant and his accomplices who are deeply interested in conviction of the deceased. The alleged incident though stated to have taken place near the house of Kando Jamali but none of them has been cited as a witness. It has, further, been contended that 161, Cr.P.C. statements of prosecution witnesses appear to have been recorded after two days of the alleged incident and such delay is fatal to the case of prosecution. It has, also, been contended that the role assigned to the applicants consequent whereof application 149, P.P.C. require determination at the trial and therefore, concession of bail can be extended to the applicants at this stage. It has, also, been contended by the learned counsel for the applicants that perusal of contents of the F.I.R. reveals that co accused Ghulam Mustafa and Ghulam Qadir caused hatchet blows to the deceased Muhammad Nawaz and therefore, it is yet to be determined as to whose blow amongst the applicants was fatal. It has, further, been contended that the story incorporated in the F.I.R. is a cock and bull story inasmuch as the alleged incident does not appear to‑have taken place at the pointed place as stated in the F I.R. inasmuch as time of incident has not been shown in the F.I.R. which had been lodged on 12‑12‑2002 ,at 3‑30 p.m. It has, also, been contended that though the trial Court was directed to conclude the trial of the case within a period of six months vide order dated 28‑4‑2003 passed by this Court in Criminal Bail Application No.129 of.2003 but thereafter not a single witness has been examined. On all these scores, it has been argued that it is a fit case where the applicants could be admitted to bail. He has relied upon the cases of Abdul Aziz v. The State 1996 SCMR 1693; Allah Dino v. The State 1999 SCMR 1320; Faraz Akram v. the State 1999 SCMR 1360; Muhammad Aslam v. The State 1999 SCMR 2147; Farzad Ali v. Taj and others 2000 SCMR 1854; Shahin v. The State 2003 MLD 1715 and Sher Muhammad and others v. The State 2004 YLR 121 in support of his contentions. On the other hand, learned counsel appearing on behalf of the State has opposed the grant of bail on the ground that not only the names of applicants find place in the F.I.R. but all the prosecution witnesses in their 161, Cr.P.C. statements had specifically stated that the applicants had caused blows to P.Ws. as well as the deceased. Besides, he has further contended that charge has already been framed and the evidence of the witnesses will ensue very soon. I have perused the record. considered the arguments, advanced by the learned counsel for the applicants as well learned counsel appearing on behalf of the State and have also gone through the laws, cited at the bar. No doubt the names of applicants find place in the F.I.R. and they associated with the co‑accused Ghulam Mustafa and Ghulam Qadir and also one of the applicants namely Moula Bux, who allegedly inflicted hatchet blows to the deceased Muhammad Nawaz and P.W. Leemon respectively, but the fact remains that remaining applicants have not been assigned any specific role except either armed with lathi or caused kicks and fists glows to the complainant party. Moreover, though the trial Court was directed to conclude the trial within a period of six months vide order dated 28‑4‑2003 passed by this Court in Criminal Bail Application No.129 of 2003 but not a single witness is stated to have been examined, so far. In the circumstances, I am of the considered view that the applicants have been able to make out a case for bail. By my short order dated 24‑2‑2004, I had granted bail to the applicants Ali Muhammad, Ghazi, Abdul Ghafoor, Mehar, Karim Bux, Idress, Abdul Jabbar, Moula Bux and Abdul Karim, subject to their furnishing surety in the sum of Rs.2,00,000 (two lack, only) each and P.R. bond in the like amount to the satisfactions of the trial Court and these are the reasons for the same. Criminal Bail Applications Nos. 13 and 64 of 2004 stand disposed of. H.B.T./A‑32/K Bail granted.