2005 PLP 20 (YLR)

Rasool Bux Palijo for Applicant. Syed Madad Ali Shah for the Complainant. Muhammad Azeem Panhwar for the State. Heard Mr. Rasool Bux Palijo, Advocate for accused/applicant Ghulamullah, Mr. Syed Madad Ali Shah, Advocate for complainant and Mr. Muhammad Azeem Panhwar, State Counsel. Complainant Muhammad Hassan lodged F.I.R. at Tando Bago Police Station on 10-5-2004, stating therein that he serves as a Clerk in the Girls High School of Tando Bago and was attending to his official duties on the said date; Ms. Parveen Akhtar and Ms. Roshan Ara, both daughters of Ghulam Rasool Panhwar, went to 'him and enquired. from him as to whether or not their salary stood revised, by allowing advance increments therein, serving as teachers in the said school; complainant replied to them that a letter had been issued to the Education Department, Government of Sindh, to seek further instructions and further necessary action was to take place in accordance with the reply to the same; but both the sisters/teachers thereby lost their temper and left the office premises while issuing threats to the complainant that they would send their brother accused/applicant Ghulamullah to set him right. After about ten minutes of the departure of the said ladies, accused/ applicant Ghulamullah allegedly forcibly trespassed into the office of. the Head Mistress in presence of Malhi Ali Hassan and Noor Muhammad, took out a pistol and fired the same straight towards the Head Mistress with intention to kill her; while complainant attempted to stop the accused/ applicant from firing, the bullet passed above the head of the Head Mistress and crossed the western side window of her office room; applicant allegedly maltreated the complainant; commotion/unrest spread amongst the school students; in the meanwhile Noor Muhammad Chang ran towards the nearby police station, at the distance of about half furlong from the school premises, informed the police officials, who acted promptly, reached there and apprehended the accused/ applicant with his pistol; complainant allegedly sustained injuries in. the said incident. It is alleged that the pistol with two magazines containing the live bullets (in all 13) were secured from the possession of the accused/applicant while empty bullet was also secured from the place of incident. On the one hand, alleged incident pertains to the sanctity of the educational institution and such tendencies cannot be encouraged; a serious allegation is made against the, accused/appellant of having trespassed into the school premises and then fired the pistol on the Head Mistress of the School with intention to kill her; but the bullet so fired did not hit the, person of the Head Mistress only because the complainant timely acted to save her; on the other hand, a number of documents are filed with this bail application on behalf of the applicant, which clearly indicate that one Muhammad Khan Samoon was being complained against by the applicant, with very serious type of allegations, who is said to be the husband of the said Head Mistress of the school; admittedly, this 'case is of ineffective firing and on the basis of its peculiar facts and circumstances, applicant is admitted to bail in the sum of Rs.1,00,000 (one lac) and P.R. bond in the like amount to the satisfaction of learned trial Court. H.B.T./G-34/K Bail granted.