1994 P Cr (PLP)

Abdul Ghani Shaikh for Applicant. Abdul Ghani Shaikh, A.A.-G. for the State. F.I.R. bearing No.128/93 was lodged with "A" Section Police Station Sukkur for offence punishable under section 307/325, P.P.C. and 324 Qisas and Diyat Ordinance. First informant Hafiz Gul Muhammad has stated in his F.I.R. that accused Surahio gave a Danda blow with force on the head of his brother Nawab who started bleeding and became unconscious thereafter accused had run away and injured Nawab subsequently died, and his post mortem report shows that death has occurred due to intra-crucial haemorrhage and shock as a result of injury caused by hard and blunt substance. After usual investigation the case was charge-sheeted. The applicant tried to get bail from the Court of Sessions which was rejected vide Criminal Bail Application No.357 of 1993 hence he has approached this Court for bail. Mr. Abdul Ghani Shaikh learned counsel for the applicant has contended that F.I.R. was lodged for an offence under section 307/325, P.P.C. and 324, Qisas and Dayat Ordinance and that there is only one accused and furthermore there was no premeditation and even there was no motive and there was no preparation for such an offence. Only one injury is attributed to accused and in support of his contention Mr. Shaikh has relied on an unreported authority in Criminal Bail Application No.369 of 1984 Ghulam Nabi v. The State. I have also heard Mr. Abdul Ghani Shaikh learned AA.-G. for the State who has opposed the application. I have gone through the case papers and have also perused the authority produced by Mr. Abdul Ghani Shaikh which is quite distinguishable from the facts of this case and not applicable in the circumstances of the present case. Here in this case it is alleged that accused Surahio who is brother of Mst. Shamul was very much annoyed on the marriage of Nawab with Mst. Shamul. The intention coupled with motive prima facie shows that accused Surahio has caused the injury with Danda with full force on the head of Nawab and injury was so severe that he fell down and started bleeding and subsequently he expired. The name of the accused is clearly mentioned in the F.I.R. Offence is alleged to have taken place at 11-00 hours morning and matter is reported to police at about 11-20 hours without any delay. Without prejudice to the merits of the prosecution case whatsoever at least prima facie there is sufficient evidence against the accused to connect him with the commission of crime for which he is charged as such the application is rejected. These are the reasons of my short order, dated 6-7-1994. Mr. bdul Ghani learned counsel for applicant has requested that trial Court may be asked to expedite the trial of the case. As such trial Court is directed to take steps for early trial of the case. N.H.Q./S-1077/K Bail refused.