2010 PLP 1836 (MLD)

SYED SHAFQAT ALI SHAH MASOOMI, J.

Applicant is seeking bail in Crime No. 105 of 2005 Police Station Gamsat under sections 302, 148,149,337-H(ii), P.P.C. Facts unfolded in the F.I.R. that applicant was armed with hatchet along with co-accused. Accused Rasheed Kaleri directly fired on the Sanjar Khan with pistol which hit on chest and abdomen. Sanjar Khan died due to injuries while he was being taken to Gambat Hospital. Heard learned counsel for the applicant and the learned A.P.-G. for the State and learned A.P.-G. has opposed for bail to the extent that applicant was present on the spot. After verification of the record and police papers disclosed by the learned A.P.-G. that the applicant was armed with hatchet F.I.R. whole prosecution case is silent that applicant has inflicted any hatchet blow to complainant or P.Ws. present at the spot. Main role has been assigned to the accused Rasheed Kaleri who directly fired on the Sanjar Khan with his pistol and the Sanjar Khan sustained injury on his chest and abdomen and he fell down on the spot and died. The postmortem report also reveals that there is no any hatchet injury on the body of the deceased. On 3-3-2009 this Court ordered that the learned trial Court is directed to conclude the trial within three months. The learned counsel for applicant has also submitted the case diaries that the trial Court has failed to conclude the trial within three months. He has cited the case law of apex Court 1999 SCMR 2147, in this case learned apex Court has opined that despite direction of High Court trial against the accused had not been completed by the trial Court within the specified period. Prosecution was unable to give any explanation for non-compliance of the said order of High Court, and the accused are admitted to bail. Since there are no specific allegations against the applicant/accused. No active role played by the applicant in commission of offence mere presence of the accused armed with hatchet is not sufficient to keep in jail for indefinite period. Accused is in jail since 5-5-2008. For the foregoing reasons applicant/accused has made out a case of further enquiry. Applicant is admitted on bail subject to furnish solvent surety in the sum of Rs.400,000 (Four Lacs) and P.R. bond in the like amount to the satisfaction of the learned trial Court. However, the observations made hereinabove are tentative in nature for the purpose of only disposal of bail application and may not influence the mind of the trial Court which is free to appraise the evidence strictly according to the merits of the case. H.B.T./M-162/K Bail granted.