ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Bail Appln. No. 183 of 2009.

Date	Order with signature of Judge

1. For orders on office objection (A).

2. For hearing.

29.05.2009.

                        Mr. Habibullah Ghauri, Advocate alongwith applicants.

                        Miss Rubina Dhamrah, State counsel.

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1.                     Deferred.

2.                     Through this application, the applicants  Ayoub, Qasim and Lacho alias Lashkar seek pre arrest bail in crime No. 27/2008, registered under section 302, 404, 337-H (2),  114, 148, 149 P.P.C., with P.S Hatri Ghulam Shah.

                        Facts leading to the present case are that on 24.7.2007, when complainant, his son Mohammad Juman and P.Ws: Allahwasayo and Aligohar were returned from their lands to village, at 8.30 they reached at Katcha path of village Dodo Sunhri, where accused Lacho alias Lashkar Khan, Ayoub, Younis armed with guns, Qasim, Mohammad Moosa armed with kalashnikoves, and Qurban with G-3 rifle emerged, out of them accused Lacho alias Lashkar Khan, Ayoub and Younis on instigation of Mohammad Moosa directly fired at Mohammad Juman, who fell down and died on spot.

                        Interim pre arrest bail was granted to the applicants, vide order dated 13.04.2009, and matter is fixed today for confirmation or otherwise.  The complainant in the present case, namely, Ghulam Hussain and PW Ali Gul have sworn their affidavits exonerating the applicants from the commission of alleged offence. Learned counsel for applicants has cited case law reported in 1991 SCMR 111, in which Hon’ble Apex Court granted bail, on filing the affidavits of the complainant and P.Ws. In the present case the complainant in his affidavit has categorically stated that their nekmards intervened and settled their dispute with accused  Ayoub, Qasim and Lasho alias Lashkar and they were not proved his accused in the case therefore he has forgiven them in the name of Almighty Allah without getting any compensation. PW Ali Gul in his affidavit has stated that he had not seen accused Ayoub, Qasim, and Lasho alias Lashkar while firing upon deceased Mohammad Juman.  The complainant and PW Ali Gul having questioned by the Court and they supported averments in their affidavits to the effect that the present applicants, namely, Ayoub, Qasim and Lasho alias Lashkar have not been proved as accused in present case.  The learned State counsel is unable to oppose the prayer for bail. In view of the affidavits submitted by the complainant and P.W, the interim pre arrest bail granted to applicants vide order dated 13.04.2009, is hereby confirmed on same terms and conditions.

                                                                                                            Judge