ORDER SHEET
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Date Order with signature of Judge
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FOR HEARING
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Mr. I.A. Hashmi, advocate for applicants.
Mr. Sohail Jabbar, advocate for the State.
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Applicants Malik Babar and Malik Humayun both sons of Malik Allauddin against whom a case has been registered under Sections 324, 147, 149 and 109 PPC have moved this bail application.
The case of prosecution as incorporated in the FIR shows that there was previous enmity in between these applicants and complainant party on account of some land and numerous FIRs were got registered on account of attacks made by them on each other. In continuation of those litigation on 10.08.2004, it was reported by complainant that on that particular day when he along with his brother Dr.Tek Chand after getting registered a case at Police Station Bola Khan because of the attack made by applicant No.2 along with his companions on Dr. Tek Chand was returning on his vehicle and when they reached at bus stop Ahmed Khan, Malik Babar, Malik Humayun, Malik Naseer, Raza Muhammad and two other unknown persons, who can be identified if produced before him came towards their vehicle. Malik Babar caught hold complainant’s brother from his neck by opening the door of the vehicle and made straight fire of TT pistol on Dr. Tek Chand on his abdomen. Malik Humayun also made fire of TT pistil which too hit his abdomen. Malik Naseer and Razo Jokhio also attacked on his brother, which hit on his legs. Due to the noise of fire shot and cries raised by complainant and his brother their nephews namely, Gurmukh Das son of Promal, Passo Mal son of Versi Mal and Odh mal son of Shamim Das, who were standing at bus stop came there. The two unknown persons also fired on them with intent to kill them and thereafter all of them escaped from the place of incident. Complainant at first brought his injured brother to the Taluka Hospital and thereafter registered the FIR at police station Bola Khan.
Learned counsel for applicants contended that the applicants have falsely been implicated in the matter because of the previous enmity in between them and the complainant party. Learned counsel for applicants with reference to applicant No.1 Malik Babar has taken the plea of alibi and has contended that he was not present on the day of incident at the place of incident. To support his arguments he has referred a medical certificate dated 12.08.2004 issued by Deputy Medical Superintendent, Civil Hospital, Naushahro Feroze, wherein he is reported to be admitted as indoor patient w.e.f. 07.08.2004 to 11.08.2004. This medical certificate was further confirmed by investigation team, Nooriabad, District Dadu in reply to their enquiry on 24.08.2004. Civil Surgeon, Civil Hospital Naushahro Feroze had also confirmed that the medical certificate issued on 12.08.2004 is correct and signed by Dr. Muhammad Punhal Panhwar as per record. It is further contended by learned counsel for applicants that there is a delay of about 15 hours in lodging the FIR but this ground as taken up by learned counsel has no substance therein because the fact that as per statement of complainant his brother had received four fire arm injuries on his person, therefore, it was quite natural that the first attention was to be given to the injured instead of approaching to police and the time consumed in getting the medical treatment to injured might be the cause of delay. Learned counsel for applicants further contended that there is no independent witnesses of the incident as the PWs referred by the complainant belong to his community and are closed relatives to them.
Learned counsel for the State has opposed the bail application on the ground that three empties were recovered from the place of incident and prosecution witnesses namely Rehman and Gulab have implicated these applicants in the commission of offence.
The record of the case shows that the previous enmity in between the parties is an admitted fact. Criminal litigation in between them were instituted against each other is also evident from the record. Medical certificate of injured has not yet been received to confirm the nature of injuries sustained by the injured. Contents of FIR are also silent in this regard. Challan as submitted also does not disclose about the medical report, if any, received by them to confirm the nature of injuries. The record further shows that interim pre arrest bail granted to these applicants were rejected but the perusal of order shows that the same was rejected not on merits but due to the continuous adjournments sought by the applicants’ counsel.
In view of foregoing reasons discussed above and the medical certificate dated 12.08.2004 of applicant No.1 Malik Babar, which shows him to be an indoor patient from 07.08.2004 to 11.08.2004, I found this is a case of further enquiry, hence applicants were allowed to be enlarged on bail subject to furnishing surety in the sum of Rs.2,00,000/- (Rupees Two Lac Only) each and P.R. Bond in the like amount to the satisfaction of the learned trial Court. These are the reasons for the short order announced on 24.07.2006.
Karachi
Dated : ___________ J U D G E