1994 P Cr (PLP)

Jai Jai Veshno Manga Ram for Applicant. Wakeel Ahmed Qureshi for A.-G., Sindh for the State. Applicant Sadoro has moved for bail in F.I.R. No.106/92 of Police Station Khanpur. It is alleged that he alongwith co-accused Hidayatullah and Imdadullah came in house of complainant Darya Khan to commit murder of Mst. Azizan. Sadoro had a knife while the co-accused had hatchets. Mst. Azizan escaped but she received injuries at hands of the applicant. Such F.LR. was lodged by Darya Khan. Motive for the offence was that applicant Sadoro wanted release of his wife Mst. Azizan who was detained by her uncle complainant Darya Khan. Mr. Jai Jai Veshno, learned counsel for the applicant argued that the F.I.R. was delayed by 16 hours when the distance between the Police Station Khanpur and the place of incident was 10 KM. and that there were contradictions between the medical evidence and the ocular evidence and that injured Mst. Azizan was produced before Medical Officer 18 hours after the incident and that the Medical Officer determined the injuries on person of Mst. Aziz to be simple in nautre. It was added that a false case concocted between the parties. Learned counsel conceded existence of dispute between the parties but contended that the applicant had no necessity of going to house of the complainant in company of the co-accused for the purpose of causing injuries to Mst. Azizan, whose return he wanted. Mr. Wakeel Ahmed, learned counsel appearing for the A.-G. Sindh did not oppose the application after arguing that injuries were caused to Mst. Azizan on sensitive part of her body. The medical certificate shows that Mst. Azizan received one incised wound measuring 5 c.m. x 1 c.m. x skin deep towards right side lateral to side the vagina and a lacerated wound at ulna with haematoma. Both the injuries were determined to be simple in nature. The incised wound was caused by means of a sharp-cutting weapon while the other injury was caused by blunt substance as per medical certificate dated 29-12-1992. Injured Mst. Azizan is wife of applicant Sadoro. The injuries sustained by her are not grievous in nature. The State does not oppose. Applicant Sadoro is, therefore, granted bail and he be released if he furnishes two sureties in sum of Rs.50,000 each with P.R. bond in the like amount to the satisfaction of the learned Sessions Judge, Shikarpur. N.H.Q./S-1016/K Bail allowed.