ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

1^st Crl. Bail Application No. S- 561     of 2017

DATE	ORDER WITH SIGNATURE OF JUDGE

For Hearing of Bail Application

18.05.2018

Mr. Zafar Ali Malgani, Advocate for the applicants.

Mr. Habib-ur-Rehman Shaikh, Advocate for the complainant.

Mr. Raja Imtiaz Ali Solangi, APG for the State.

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Amjad Ali Sahito, J.- Through the instant bail application, the applicants Ghazi and Shabeer have applied for bail in FIR No.67 of 2016 of Police Station Mouladad, registered under sections 302, 324, 148, 149,  PPC.

2.         Brief facts of the case are that on 05.09.2016,  complainant Niaz Ahmed lodged his F.I.R at Police Station Mouladad, alleging therein that they are on inimical terms with accused Abdul Rehman and others, such cases are also registered with Police Station Mouladad. On the day of incident i.e 04.09.2016 complainant along with his cousin namely Punhal Kakepoto and Mst. Raheema together were present near their house while the complainant was carrying his daughter Tahira aged about 4/5 years, it was about 05.30 p.m. when they saw accused Abdul Rehman with G-3 Rifle, 2.Gulab with K.K, 3.Sardaroo armed with K.K, 4.Babar with Repeator, 5.Fareed with KK, 6.Ghazi with gun, 7.Shabeer with Repeater, 8.Javed with gun, 9.Nazar with KK, 10.Nadir with gun and 06 unknown persons with open faces, could be identified if seen again with guns came there. Accused Fareed alarmed that since complainant was not withdrawing from the case of Abdul Rehman Marfani, therefore, he will not be spared. Saying so, accused Fareed made direct fire from his KK at complainant to commit his murder but the fire hit his daughter Tahira and other accused also made fires at complainant party with intention to commit their murder, the complainant party cried to which the villagers hurled lalkars and came running and accused seeing them coming fled away towards southern side. The complainant party saw the Tahira  who had received fire shot on her right rib and exit from left side, blood was oozing and expired and Mst. Raheeman also received fire-shot on her left arm and was bleeding. The matter was reported to Police Station Mouladad an d F.I.R was lodged as mentioned above.

3.         The investigation followed and in due course the applicants were sent up to stand trial in the competent Court of law.

4.         Learned counsel for the applicant contended that the applicants are innocent and have been falsely implicated in this case in the background of enmity and suspicion. He has also contended that both the applicants were arrested on 26.9.2016 and remained in custody for a period of more than 1 ½ year. He has further contended that only role attributed to the present applicants is to be extent of ineffective firing. The main accused Fareed has not applied for bail, whose fire hit the deceased resulting in her death. In that eventuality, learned counsel submits that it is a fit case where the applicants could be enlarged on bail.

5.         Mr. Raja Imtiaz Ali Solangi, learned APG assisted by Mr. Habib-ur-Rehman Shaikh, Advocate for the complainant have opposed the grant of bail.

6.         I have heard learned counsel for the respective parties and perused the record.  The role attributed to both the applicants is that of firing in the air without aiming at the complainant or anyone else. Thus their role has been perfectly found to be that of further inquiry. Had the applicants any intention to kill the complainant, there was no body to prevent them from doing so. In such circumstances, applicants are granted bail subject to furnishing solvent surety in the sum of Rs.300,000/- with P.R bond in the like amount to the satisfaction of the trial Court. 

                                                                                                            Judge

Abid H. Qazi/**