2007 P Cr (PLP)

NADEEM AZHAR SIDDIQI, J:

Applicants Loung and Mubarak, both by caste Bangulani, having been indicted as accused in Crime No.37 of 2006 of Police Station Karampur, for offence under sections 302, 324, 337-H(ii), 148, 149, P.P.C. have requested for their release on bail. The allegations as per F.I.R. lodged by complainant Amanullah Nindwani are that on 4-6-2006 at about 4-00 p.m., they along with Gulsher, Saleh, Khadim., Hidayatullah, Sabzal and Kaman alias Kamber, armed with Lathies, hatchets, guns and kalashnikovs, inflicted injuries to Thadho, brother of complainant, and complainant Amanullah. However, Thado subsequently, succumbed to injuries and passed away. Learned trial Court rejected the bail plea of the applicants on the ground that there is specific allegation against them and the offence is punishable with death or imprisonment for life. Learned counsel for the applicants has contended that there is conflict between the ocular and the medical evidence as, according to the F.I.R., applicant Mubarak is alleged to have caused Lathi blow at the backside of head of deceased Thado, but the post-mortem report of deceased Thado does not mention any injury at the backside of his head. He further contended that so far applicant Loung is concerned, as per F.I.R. he is alleged to have caused butt blows of his gun to complainant at his right grin, but surprisingly no such medical certificate is available on record to substantiate the version of the complainant. Mr. Bijarani, therefore, contended that the case against the applicants needs further inquiry as contemplated by subsection (2) of section 497, Cr.P.C., hence they are entitled to bail. Mr. Muhammad Saleem Jesser, learned Counsel for complainant, though admitted that there is no evidence against both the applicants, but he opposed the grant of bail to the applicants contending that specific role has been attributed to the applicants in the F.I.R. and the offence involves capital punishment. Mr. Nisar Ahmed G. Abro, learned State Counsel, conceded to the arguments advanced by Mr. Saeed Ahmed B. Bijarani, learned counsel for the applicants and gave no objection to the grant of bail. I have heard learned counsel for the parties and perused the material made available before me. The names of the applicants are appearing in the F.I.R. The role assigned to the applicants causing injuries to the deceased and complainant is not supported by medical evidence. The post-mortem report is silent regarding the alleged injury caused by Mubarak. No medical certificate of complainant is on record to show that he sustained airy injury on his person caused by applicant Loung. In the absence of medical evidence a case of further enquiry into the guilt of the .applicants is made out. The bail was granted by short order, dated 9-7-2007 and above the reasons. H.B.T./L-14/K Bail granted.