2001 P Cr (PLP)

Sajjad Hussain Kolachi for Applicant (in Criminal Bail Application No.33 of 2001). Muhammad Bachal Tonyo, Addl. A.‑G. for the State. By this single order we propose to dispose of Criminal Bail Application No. 10 of 2001 Zulfiqar, Rahib and Jurio v. The State and Criminal Bail Application No.33 of 2001 Allah Bachayo v. The State, as both the applications arise out of the same F.I.R. The facts briefly stated by complainant Menhal Khan in the F.I.R. are that a piece of land admeasuring about 100 Jareebs was lying uncultivated adjacent to their houses. On 3‑3‑2000, Syed Samiullah Shah and Mehboob Shah called him and disclosed that they have purchased the said piece of land from Qurban Nareio and others and directed him to look after the same. The complainant made efforts to plough the land but he could not arrange for the tractor. At about 4 p.m. on the same day accused Kauro, Sadhoro, Kando and others came to the complainant and restrained him from looking after the land as the dispute in regard to land was already going on between them and Narejas. The complainant did not accede to their directions upon which they were annoyed. At about 11‑30 p.m. on 3‑3‑2000 accused Kauro, Sadoro, Bhagio, Kando armed with Kalashnikovs, Zulfiqar, Rajib, Jurio, Rahib armed with guns and 4 unidentified persons, whom they had seen properly in the light of lantern and can be identified if seen again. They all barged into their house. Accused Kauro Korai abused them and fired from his Kalashnikov upon Riaz Hussain. The fire hit him on his chest, he raised cries and fell down. Accused Sadoro Korai fired from Kalashnikov upon them which hit his sister Mst. Izat Khatoon on her right leg and other accused fired in the house in order to create sense of terror and issued threats. The cries attracted Jamal and other villagers. The culprits then ran away. The complainant and others saw that Riaz Hussain had succumbed to injuries whereas Mst. Izat Khatoon had received injury on her leg. The police after registration of F.I.R. took up investigation and after completing it submitted challan. The applicants/accused applied for bail but the trial Court rejected their bail plea by impugned order, dated 21‑12‑2000. We have heard Mr. Muzaffar Ali Shaikh, learned counsel on behalf of applicants/accused in Criminal Bail Application No. 10 of 2001 and Mr. Sajjad Hussain Kolachi, learned counsel on behalf of applicants/accused in Criminal Bail Application No.33 of 2001. We have also heard Mr. Muhammad Bachal Tonyo, learned Additional Advocate‑General, Sindh on behalf of the State. The latter opposes the bail plea of the applicants/accused. The perusal of material placed on record shows that the names of applicants/accused Zulfiqar, Rahib and Jurio transpire in the F.I.R. They alongwith their companions barged into the house of complainant duly armed with lethal weapons and fired at Riaz Hussain who received fatal injury on his chest and Mst. Izat Khatoon received fire‑arm injury on her right leg. The empties were recovered from the Wardat. They have been implicated by all the eye‑witnesses of the incident including injured. The motive has been specifically disclosed in the F.I.R. Consequently, the bail plea of applicants/accused Zulfiqar, Rahib and Jurio merits no consideration and stands dismissed. So far the bail plea of applicant/accused Allah Bachauyo is concerned, his name does not transpire in the F.I.R. The patties are already known to each other. No overt act has been ascribed to him. Consequently, B the case of applicant/accused Allah Bachayo requires further enquiry as contemplated by section 497(2), Cr.P.C. He is granted bail in the sum of Rs. three lacs and P.R. Bond in the like amount to the satisfaction of the trial Court. H.B.T./Z‑16/K???????????????????????????????????? ??????????????????????????????????????????????? Order accordingly.