2006 PLP 401 (MLD)

MUHAMMAD SADIQ LEGHARI, J.

This order shall dispose of two bail applications, number whereof are mentioned above, as both of them are filed in the same case registered as Crime No.29 of 2005 at Police Station Sehwan.

2. It. is alleged in the F.I.R. that on 1-6-2005, 23 assailants equipped with hard and blunt substance launched attack upon Allah Jurio and others when they were sitting in Teashop of Noor Muhammad. The iron rods and lathis were used by the assailants against 10 persons including Noor Muhammad, the owner of the hotel. All of them received multiple injuries. Allah Jurio the injured, having two injuries on his person had succumbed to the injuries whereas, the remaining were survived.

3. In the F.I.R. lodged by Muhammad Khan, 23 persons were nominated as the assailants. The names of injured persons are Ghulam Sarwar, Yar Muhammad, Mushtaq, M. Hassan, Laloo, Dost Muhammad, Noor Muhammad, Aijaz, Muhammad and Allah Jurio. The last one is the deceased, who succumbed to the injuries. The injuries on the persons of remaining were declared as Shajjah-i-Khafifa.

4. In the result of investigation, 8 of the accused persons named in the F.I.R., were declared innocent and released whereas 15 were challaned, but when the report under section 173, Cr.P.C. was placed before the concerned Magistrate, he did not agree with the opinion about innocence and took cognizance of the offence against all the 23 accused persons.

5. The bail plea of the applicants/accused was turned down by learned Additional Sessions Judge, Sehwan. After that present application has been moved.

6. At the very outset Mr. Khadim Hussain Solangi stated that he does not press the application of applicants/accused Muhammad Ali, Qasim and Mehmood for the present and shall make another attempt before the trial Court after some progress is made in the trial. Their application is, therefore, dismissed.

7. As regards the remaining applicants, they are nominated in the F.I.R. as the assailants and in section 161, Cr.P.C. statements of the witnesses, some of them were assigned specific role also, but later on in the statements under section 164, Cr.P.C. the six injured witnesses levelled general allegations of assault against them. In view of that position and the fact that the Investigating Officer had declared 8 persons as innocent the possibility of exaggeration in the prosecution version cannot be excluded, therefore, I consider it proper to release the applicants on bail. They shall be released on their furnishing surety in the sum of Rs.50,000 each with P.R. Bond in the like amount to they, satisfaction of the learned trial Court. H.B.T./A-26/K Bail granted.