2002 P Cr (PLP)

Muhammad Ayaz Soomro for Applicant. Azizul Haq Solangi for the State. By this order, I propose to dispose of Criminal Bail Application filed on behalf of applicant Ghulam Fareed Nindwani in a case bearing Crime F.I.R. No. 84 of 2000 registered with Police Station Bahoo Khoso for an offence under section 9 of Harraba (Enforcement of Hudood) Ordinance, 1979. The bail plea of the applicant was declined by the learned 1st Additional Sessions Judge, Jacobabad vide order, dated 8-12-2001. The facts germane, to the prosecution story are that on 2‑8‑2000 at 4‑00 p.m. complainant Muhammad Sharif Bughti appeared at Police Station Bahoo Khoso and lodged an F.I.R. alleging inter alia that a year prior to this incident he alongwith Sai Bukhsh and his son Sachoo Bughti were present in the house when cattle comprising cow were stolen from the lands when it was 11‑00 a.m. the accused namely (1) Fareed, (2) Balochan, (3) Khathoor all the three sons of Heeruddin Nindwani resident of Fathan Goth near Shahi Wah, Taluka Thull emerged there. It is alleged that all the three accused were armed with kalashnikovs and within their sight they snatched cattle consisting of 15 heads cows on the show of force and proceeded towards Blouchistan. Due to scare, the complainant party kept quite. The complainant thereafter informed their Nekmard and went on approaching them and due to intervention of Mir Hazar Khan Bijarani, who directed the accused to return the cattle to complainant party. The culprits went on demanding Bhung money for return of the cattle, and up till now they have not returned the same. Such application was given to D.I.‑G., Larkana. Now the complainant has approached the concerned police station where the F.I.R. was registered as above disclosing that a year prior to the incident some armed bandit armed with K.Ks. had robbed the cattle comprising 15 heads of cows. The investigation followed and in due course, the applicant was sent up to‑stand trial in the Court of learned 1st Additional Sessions Judge, Jacobabad. I have heard the learned counsel for the respective parties and perused the record. It has been contended by the learned counsel for the applicant that the case against his client is false, who has been implicated in the background of enmity as disclosed in the F.I.R. He further argues that the incident has taken place a year before but no satisfactory explanation has been given in F.I.R. It has also been contended that the applicant was arrested on 25‑9‑2000 and by now he has remained in custody for nearly one year and five months, but the trial has not yet started. Nothing incriminating has been secured from the possession of the applicant. On all these grounds it has been disclosed by the learned counsel that it is a fit case where the applicant could be enlarged on bail. On the other hand Mr. Azizul Haq Solangi, learned counsel appearing on behalf of the State concedes to the above legal position and raised no objection for the grant of bail to applicant. What it has been discussed above, I am of the considered opinion that the applicant Ghulam Fareed has been able to make out a case for bail, which is granted to him provided if he furnishes surety in the sum of Rs. one hundred thousand and P.R. Bond in the like amount, to the satisfaction of the trial Court. N.H.Q./G‑92/K Bail allowed.