2004 PLP 806 (YLR)

S. 497

Penal Code (XLV of 1860), Ss. 302/364 436/427/109/148/149

Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3)-- Bail

Dacoits, according to F.I.R. had acted on the instructions of the accused and three other persons who had abetted the offence being supervisors of the dacoits-- Accused was charged by the complainant only with the said accusation and until such specific allegation was proved against accused it was not proper for him to be behind the bars on a mere allegation- --Bail was allowed to accused in circumstances. Muhammad Ayaz Soomro for Applicant. Ubaidullah Awan for the State. This bail application has been filed in connection with Crime No. 24 of 1995 registered at Police Station, Abdul Rehman Unar. The incident seems to have occurred on 1-7-1995 and the F.I.R. was registered on 2-7-1995. Apparently according to the complainant there was some difference of opinion between him and his family and the Narejos. According to him threats were being received from dacoits Guloo Government Narejo, Rasoolo Narejo and Sadhoo Narejo. These threats were being issued as it was stated that the complainant was becoming a Mukhbar. On the day incident complainant alongwith his sons were chitchatting in their house when they saw 19 persons whom they identified and five unknown persons. All of them were armed with rifles and guns and thereafter Guloo Government Narejo gave Hakal with the result that accused Rasoolo Narejo fired with the intention to kill. Others also joined and the house of the complainant was also set on fire where after all the persons went away. The F.I.R. that has been registered by the complainant shows at the end that the dacoits took the necessary action on the instructions of Ali Hassan son of Misri Narejo, Ghulam Rasool son of Aachar Narejo and Malho son of Kabil Narejo and Constable Imdad Buriro son of unknown. Besides charging the other persons who have been mentioned specifically in the F.I.R. with murder, the complainant has also charged the above named four persons on the ground of abetment and claimed that they are supervisors of the dacoits. This is the only accusation made against the present applicant. Till as such time that specific allegation is proved against the present applicant it would not be proper for him to be behind bars on a mere allegation. Accordingly bail is granted in the sum of Rs.100,000 and P.R. bond in the like amount to the satisfaction of Additional Registrar of the Court. N.H.Q./G-160/K Bail allowed.