2004 PLP 465 (MLD)

Muhammad Ayaz Soomro for Applicant. Muhammad Bachal Tonyo, Addl. A.‑G. Date of hearing: 25th November, 2003. The applicant seeks bail in a murder case pending trial before the Court of Sessions Judge, Larkana. The prosecution case lodged by complainant Zulfiqar Ali on 15‑10‑2002 at Police Station, Kamber, discloses that on the day the complainant, his brother Dur Muhammad, P.Ws. Darya Khan and Jan Muhammad were going to their lands and when they reached near the house of Azizullah, accused Nisar, Habibullah, Shaman with hatchets and Azizullah with a repeater gun appeared there. Azizullah instigated whereupon all the three accused armed with hatchets dragged Dur Muhammad to their house and asked the complainant party to stay away. Dur Muhammad was later on caused injury by Nisar Ahmed, Habibullah and Shaman with their hatchets, as a result of which he died. The F.I.R. further discloses that accused Nisar Ahmed also killed his sister Mst. Pathani by causing hatchet injuries to her. Accused Habibullah also caused hatchet injuries to her. She also fell down and died. The complainant leaving both the dead at the Vardat, went to police station and lodged the report. It is contended on behalf of the applicant that the F.I.R. version is false and fabricated. There are general allegations against the three accused including the applicant of causing hatchet injuries to the deceased Dur Muhammad. It was also argued that the applicant is not alleged to have caused any injury to the deceased Mst. Pathani. It was urged that the ocular evidence is belied by the medical evidence, which shows that the deceased Dur Muhammad suffered only one injury on his person and it is yet to be determined as to who out of the three accused caused such injuries to the deceased Dur Muhammad. It was lastly contended that the case .of the applicant Shaman falls within the ambit of subsection (2) of section 497, Cr.P.C. Reliance is placed upon 2003 MLD 1140, 1987 PCr.LJ 1404, 2002 PCr.LJ

791. Mr. Muhammad Bachal Tonyo, learned Additional Advocate -General appearing for the State has conceded to the bail plea in view of the contentions and the law referred as above. Since the deceased Dur Muhammad is opined by the medical evidence to have sustained single injury on his person, it is yet to be determined as to which of the three accused would be responsible for such injury. The applicant admittedly has not caused any injury to the deceased lady. Enmity between the parties is admitted in the F.I.R. The referred case‑law supports the applicant's case, who, is in jail for nearly one year. Resultantly, bail is granted to the applicant subject to furnishing a solvent surety in the sum of Rs. Two lacs and P.R. bond in the like amount, to the satisfaction of Additional Registrar of this Courts. Above bail application was allowed by a short order dated 25‑11‑2003 for the reasons stated above. N.H.Q./S‑5/K Bail allowed.