2009 P Cr (PLP)

ZAFAR AHMED KHAN SHERWANI, J.

This pre-arrest bail application is directed on behalf of the present applicant Nazir Ahmed who apprehends his arrest in F.I.R. No.50 of 2008 of Police Station Hyderi, under sections 324, 147, 148, 149, P.P.C. lodged on 8-1-2008 at about 9-30 p.m. in respect of the incident of the same day at about 10-00 p.m. It was alleged in the F.I.R. that the applicant was accompanied with the nominated accused persons who are his close relatives including one of his brothers had entered in the house of complainant in order to commit murder of his son Saddam Hussain having been declared as "Karo" by them, but on the intervention of the complainant and his relatives, he was saved but the accused Ali Murad succeeded in slitting his neck with his Chhuri with the help of other nominated accused. During the incident it was alleged that the applicant remained standing armed with pistol in order to facilitate his accomplices in the commission of the offence before they decamped. The learned counsel for the applicant contended that admittedly matrimonial dispute between the parties is existing since long, as mentioned in the F.I.R., therefore, the complainant has involved five persons in the commission of the offence including the applicant and his real brother Bagh Ali aged about 60/65 years who was granted bail on that ground by the trial Court. He further contended that there is no specific role assigned to him in the commission of the offence of attempting to murder the said Saddam Hussain except that he was armed with pistol, which is on account of mala fide intentions to rope in maximum number of persons of one family. He further contended that the applicant had been attending the trial Court till his ad interim pre-arrest bail was intact and now he prayed for the grant of bail. Above arguments have been opposed by the learned State Counsel as well as the learned counsel for the complainant who submitted that the applicant's presence has been shown at the place of incident with the specific allegation that he was armed with a pistol and remained guarding the commission of the offence, therefore, he is not entitled for the grant of bail. I have carefully considered the above arguments in the light of the record. Admittedly, there is enmity between the parties over declaring the victim Saddam Hussain as Karo on account of alleged illicit relations with her sister-in-law. The complainant has alleged that there were five persons who had tried to cause murder of victim and the role assigned to the applicant was that he guarded the co-accused who tried to slit the neck of the victim to cause death which appears to be mala fide to rope him falsely on account of matrimonial dispute between the parties. Had the applicant been there, he himself would have killed the victim. I am of the view that the applicant is entitled for the grant of pre-arrest bail because if the same is refused he would be arrested and harassed at the hands of complainant and the police. In view of the above, pre-arrest bail is allowed in the sum of Rs.1,00,000 and P.R. bond in the like amount to the satisfaction of the Additional Registrar of this Court. He shall join his trial. N.H.Q./N-53/K Pre-arrest bail granted.