\ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI.

Criminal Bail No. 920 of 2003

FOR HEARING.

8.9.2003.

Mr. Hashmat Habib, Advocate for the applicant.

            Mr. Sardaruddin Qureshi, Advocate for the State.

            By this order I intend to dispose of Criminal Bail Application bearing FIR No. 99 of 2003 registered at P.S. Gulzar-e-Hijri, Under Section 316/34 PPC. Bail plea of the applicant was declined by the learned Ist Additional Sessions Judge,Malir, Karachi vide order dated 23-7-2003.

            Prosecution story enunciated in the FIR by Complainant Salman Muhammad Rafiq on or before 1.4.2003 at 2:00 A.M. goes to show as under:-

 “   I reside at above address. Today at about 6:00 p.m. I was sitting alongwith my mother on bench outside the house and my father Muhammad Rafiq son of Allah Din was sitting on the corner of street and near him boys were playing Cricket. One Ball hit on the face of Zaheer son of Majeed who is my neighbor and blood started oozing. At that time mother of Adeel and Umair was present there who said my mother that Rafiq Budha intentionally brought children at corner of street to which my mother asked her that she is calling my father and she may ask from him. On hearing commotion my father came near the house. My father informed her that I used not to sit at the corner of street with children but they themselves used to sit with him. In the meanwhile Umair, Adeel, Farhan, Kashif and Asif came from back side and pushed my father who fell down on earth and they started beating him with cricket bats. When my younger brother Adnan came forward to rescue and they also have beaten him. On hearing commotion many mohallah people gathered there and I also came there and saw that my father was breathing his last. I immediately, with the help of mohallah people, removed my father Muhammad Rafiq to Iqbal Hospital but in way my father as a result of beating died, The dead body of my father was taken to Abbasi Shaheed hospital. I, my mother Adnan and other mohallah people witnessed this incident. I have come to report. My report is against 1) Umair 2) Adeel 3) Asif 4) Kashif 5) Farhan who pushed my father Muhammad Rafiq on earth and thereafter they beaten him with fists and cricket bats and killed. Action be taken. This is my statement. Heard and found correct.”

            The investigation followed and in due course applicant was sent to stand trial before the Court having jurisdiction.

            I have heard the learned counsel for the respective parties and perused the record. It has been contended by the learned counsel for the applicant that the case against the applicant is false and he has been involved in the background of enmity. It has also been contended that applicant was not duly armed with any lethal weapon. It has further been contended that the applicant alongwsith other co-accused namely Omair, Adeel, kashif and Asif came from the backside and pushed his father who started beating. He further argues that it is a case of general allegations and no specific role is assigned to the applicant. It has further been contended that Section 302 CPC is not applicable in view of the facts and circumstances of the case and eventually the case would fall under Section 316 PPC which is punishable upto 14 years. On all these scores learned counsel states that it is a fit case where the applicant could be enlarged on bail.

            Learned counsel appearing on behalf of the State Mr. Sardaruddin Qureshi argues that offence eventually would fall under Section 302 PPC which is punishable for death or imprisonment for life and as such the same is covered by prohibition as contained in Section 497(1) Cr.P.C. In this background learned Counsel for the State argues that it is not a fit case where the applicant could be enlarged on bail.

            I have heard the learned counsel for the respective parties and perused the record. The arguments enumerated by the learned counsel for the State appears to be more weighty in comparison to the arguments of learned counsel for the applicant and consequently the bail application having no merits is dismissed accordingly. Criminal Bail Application No. 920 of 2003 stands disposed of.

JUDGE