2009 PLP 2060 (YLR)

MUHAMMAD IQBAL MAHAR, J.

This bail application is directed against the order dated 9-3-2009 passed by the learned I-Additional Sessions Judge, Karachi East in Crime No.253 of 2008 for the offence punishable under section 302/34, P.P.C. of Police Station Al-Falah, Karachi East. Brief facts of the prosecution case are that on 6-10-2008 the complainant Manner Arif, his brother Adnan Arif, cousins Khalid Mehmood and Muhammad Imran were passing through main Bazar Azeem Pura where they saw Kashif and Shakeel quarrelling with each other and some persons were standing there. Adnan Arif tried to intervene, but at instigation of Waqas and Rashid co-accused Kashif fired at Adnan Arif, which hit him and he fell down. Thereafter, the accused Kashif and others went away by firing in the air. The complainant party took the injured to Jinnah Hospital where he was admitted and on 8-10-2008 he succumbed to the injuries. Thereafter, the complainant lodged the F.I.R. on 11-10-2008. Apart from this, another F.I.R. No.247 of 2008 was registered at same Police Station for the same offence by .Muhammad Kashif. The applicant/accused was arrested on 18-11-2008 and has been challaned. Learned counsel for the applicants contends that there is delay of 5 days in lodging the F.I.R. and in F.I.R.- only instigation is alleged against the applicant while firing at the deceased is attribution to the co-accused. He further contends that nothing has been recovered from the possession of applicant/accused and in F.I.R. No.247 of 2008 presence of the applicant at the place of incident is not shown. He further contends that there are two versions of the same incident and the applicant is no more required for further investigation by the police, therefore, the applicant pray for the grant of bail. On the other hand, learned State counsel has opposed to the grant of the application. I have given due consideration to the arguments advanced by the learned counsel for the parties and have gone through the material available on record. Accordingly, there are two versions regarding one incident and in F.I.R. No.247 of 2008 the presence of applicant at the place of incident is not shown by the complainant Muhammad Kashif, whereas in the instant F.I.R., only it is alleged that the applicant and the co-accused Waqas instigated co-accused Kashif. There is unexplained delay of five days in lodging the F.I.R. In such circumstances, the case against the applicant requires further inquiry as envisaged by section 497(2), Cr.P.C., therefore, I allow this application and grant bail to the applicant subject to furnishing solvent surety in the sum of Rs.200,000 with P.R. bond in the like amount to the satisfaction of the trial Court. This bail application stands disposed of accordingly. H.B.T./M-137/K Bail granted.