ORDER SHEET
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Date Order
with signature of Judge
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Date of hearing 16.05.2012
Mr. Raham Ali Rind Advocate for the Appellant.
Mr. Abrar Ali Khichi learned APG alongwith ASIP Zahid
Hussain Shah.
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Syed Hasan Azhar Rizvi J; By this order I would decide the
bail application filed by the Applicant Abdul Hakeem.
Brief facts of the case as
incorporated in the FIR are that the complainant is
Zamindar having agricultural land in Deh Goongani, measurement of the said land
was to be done on 15.01.2012 under the orders of Mukhtiarkar Shah Bunder. On
the same day i.e. 15.01.2012 while measurement work was under progress at the
supervision of Tapedar Hazar Khan Mangsi and Ex-Canal Muhammad Hassan Memon at
about 4:00 P.M. everyone Karim Bux armed with hatched, Deeno armed with
hatchet, Ali Muhammad holding lathi in his hand, Abdul Rehman and Rano armed
with hatchets, Qasim holding lathi in his hand, Abdul Hakeem armed with hatchet,
Khuda Dino armed with Dhuko, Jaffar armed with Dukko, Juman holding lathi in
his hand and 3/4 unkown persons came there. In the meantime Khako Jat and Tharo
Jat came there and insisted others to restrain the complainant party from
measurement and do not spare them, on which accused Karim Bux inflicted sharp
sided hatchet blow to Muhammad Qasim, brother of the complainant Mian Ahmed, on
his head with intention to kill him, accused Abdul Hakeem caused sharp sided
hatchet below to Karmi (sister’s son of complainant) on right side of his head,
while accused Deeno showered hatchet blow to Muhammad Siddik at palm of right
hand, whereas the remaining accused gave kicks and fists blows to the above
injured. Due to intervention of complainant, his brother Mian
Moosa and other Village peoples rescured them from the clutches of accused
persons. Thereafter, accused went away towards their houses while abusing
and threatening to the complainant party. Then Mohammad Mian (brother of
complainant) took the inured to Chuhar Jamali hospital and in emergency he
obtained letter from police station Chuhar Jamali and after getting medical
certificates from MO Chuhar Jamali, the complainant lodged the instant FIR.
Learned Counsel for the Applicant submitted that the
Applicant/accused absolutely innocent and has been implicated falsely
implicated by the complainant in the present case in collusion with the police.
In fact the dispute between the Applicant and Complainant was/is over
agricultural land. Complainant has implicated the Applicant in the instant case
in order to humiliate and cause undue pressure on the Applicant for getting
immoveable properties of the Applicant without due course of law. It was
further contended that the Applicant was illegally confined at P.S. Sajawal prior
ten days of the incident. Learned Counsel for the Applicant submitted that the
story narrated in the FIR lodged by the complainant is managed one, fictitious
and politically motivated, who is retired officer of Irrigation Department. It
was further contended that on the same set of evidence accused Karim Bux has
been granted bail by the learned Sessions Judge, Thatta. He has relied upon the
case of Muhammad Naseem alias Naseemo versus the State reported in 1996
P.Cr.L.J. 1302
Conversely,
learned APG Mr. Abrar Ali Khichi vehemently opposed for the grant of bail to
the Applicant and submitted that the Applicant is nominated in the FIR with
specific role of causing fatal injury to Karmi (sister’s son of the
complainant) and FIR was promptly lodged. Medical evidence of causing grave
injuries on the vital part of the injured Karmi (sister’s son of the
complainant)are in consonance with the ocular
testimony. Applicant/accused inflicted sharp sided hatchet blow to Karmi
(sister’s son of the complainant) at the right side of his head. Offence falls within
the prohibitory clause of section 497 Cr.P.C. Crime weapon was recovered from
the possession of the Applicant therefore, the
Applicant is not entitled for grant of bail.
I
have heard Mr. Raham Ali Rind learned Counsel for the Applicant, Mr. Abrar Ali
Khichi learned APG alongwith ASIP Zahid Hussain Shah and perused the relevant
material available on record with their assistance.
On tentative assessment of the material available on
record, it is apparent that the Applicant is nominated in the FIR with specific
role of inflicting sharp sided hatchet blow to Karmi (sister’s son of the
complainant) at the right side of his head, which is on vital part of the body.
Applicant earlier had filed two bail applications, which were dismissed by the
learned Sessions Judge, Thatta by orders dated 10.02.2012 and 23.02.2012.
Medical board of senior doctors was constituted and declared the injury caused
by the Applicant Shujah-i-Mudihah, which comes within the ambit of section 337-A(ii) PPC and on this ground the bail Application of the
Applicant was declined by the learned Sessions Judge and granted bail to co-accused
Karim Bux the Medical Board declared the injury caused by him as Shujah-i-Khafifah.
In view of above facts and circumstances, prima facie
it appears that the learned Counsel for the Applicant has failed to make out
the case for grant of bail to the Applicant and the case law cited by the
learned Counsel for the Applicant is distinguishable from the facts and
circumstances of the case.
Above are the reasons of my short order dated 16.05.2012
whereby the instant bail application was dismissed with the direction to the
Trial Court to conclude the Trial within a period of two months from receipt of
this order.
Observations made hereinabove are of tentative nature
and the trial Court shall not be influenced by any such observation.
J
U D G E