2003 PLP 1474 (MLD)

Shahbaz All Brohi for Applicants. Ali Azher Tunio, Asstt. A.-G. for the State.

1. Granted.

2. Applicants Nazar Muhammad and Israr have been arrested in a case registered at Police Station Garhi Yasin for an offence punishable under sections 302, 148, 149, P.P.C. on the basis of F.I.R. lodged by Atta Muhammad, who happened to be one of the Chowkidars at the Fish Farm where the incident took place. According to F.I.R. complainant Atta Muhammad, deceased Imamuddin and P.Ws. Ali Akbar and Deedar the Chowkidars were present on their duty when at about 12-00 mid night on 16-10-2002 they heard noise of throwing nets in the Fish Farm and on flashing their torches they identified the culprits to be Nazar Muhammad, Mukhtiar, Israr and Ameen and two unidentified persons, Out of them applicants Nazar Muhammad and Israr were armed with guns. Ameen had country-made pistol and the rest had Lathis. It is alleged in the F.I.R. that on being challenged the culprits fired from their fire-arms at the complainant party which hit Imamuddin and then the assailants ran away. The complainant took the injured to Police Station Garhi Yasin and after obtaining a letter for medical treatment proceeded to hospital. He lodged F.I.R. on 6th day i.e. on 12-10-2002. I have heard learned counsel for the applicants and learned Assistant Advocate-General for the State. Learned counsel for the applicants invited my attention to Entry No.33 in the Station Diary of Police Station Garhi Yasin recorded on 7-10-2002 at 01-35 hours. The complainant has stated therein that 2/3 unknown persons while catching fish from the Farm were detected and they fired from their fire-arms causing injuries to Imamuddin. In view of this entry of Station Diary learned counsel for the applicants urged that six days delay in lodging the F.I.R. makes out a case of further enquiry as far allegations against the applicants are concerned. He further relied on the affidavits sworn by eye-witnesses Atta Muhammad, Deedar and Ali Akbar who have exonerated the applicants. In this view of the matter, the learned Assistant Advocate-General submitted that this, being a case of two versions he would not oppose the bail plea. In the circumstances discussed above, the application is allowed. The applicants be released on furnishing one surety each in the sum of Rs.300,000 and executing P.R. bond in the like amount to the satisfaction of the trial Court. H.B.T./N-135/K Bail granted.