ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Bail Appln. No. 141 of 2009.

Date	Order with signature of Judge

For hearing.

                        Mr. Qurban Ali Malano, Advocate for applicant.

                        Mr. Naimatullah Bhurgri, the State counsel.

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O R D E R

20.05.2009.

Khadim Hussain M. Shaikh, J-.               Through this application, the applicant seeks post arrest bail in crime No. 75/2006, for offences under section 302, 148, 149, 114, 337-H (2) P.P.C. of P.S Lakhi Ghulam Shah.

2.                     The prosecution story in nutshell is that on 19.5.2006, at about 3.00 a.m. the complainant, his brother Manzoor Ahmed, his cousin Mohammad Yousif and his relative Mohammad Haroon were available at their fish hatchery, where accused, namely, Mallah alias Ghulamullah, Sanaullah, Rehmatulah alias Khan, Asadullah alias Rano all by caste Khosa, having kalashnikoves, Abdul Ghafoor Khoso having gun, Rafique Khoso (present applicant) having T.T pistol and Abdul Wahid having hatchet came there. It is alleged that on the instigation of Abdul Wahid, accused  Mallah alias Ghulamullah and Sanaullah made fires from their kalashnikoves straight at Manzoor Ahmed, which hit him and he fell down. It is alleged that then all the remaining accused made aerial firing and thereafter the accused ran away. Then complainant party found Manzoor Ahmed lying dead.  Ultimately the complainant lodged his above F.I.R.

3.                     Accused Mullan alias Ghulamullah and Abdul Wahid were arrested and after investigation accused Mullan alias Ghulamullah was sent up with challan to face his trial, while co-accused Abdul Wahid was let off and his name was placed in column No. 2 of challan, showing present applicant alongwith four others as absconders.

4.                     Subsequently the applicant was arrested and he was sent up with the subsequent challan. Bail plea of the applicant advanced before the learned trial Court i.e. learned Court of 2^nd Additional Sessions Judge, Shikarpur, was declined and his bail application was dismissed vide order dated 04.03.2009. Hence this bail application.

5.                     Learned advocate for the applicant has mainly contended that no overt act is attributed to the applicant and there is general allegation of making aerial firing against four accused including applicant as per F.I.R. He  has placed his reliance on the case of Attaullah and 03 others v. The State (1999 SCMR 1320), Faraz Akram v. The State (1999 SCMR 1360), and case of Mitho Pitafi v. The State (2009 SCME 299), and he prays for grant of bail to the applicant.

6.                     Learned State counsel has candidly conceded to the grant of bail to the applicant by endorsing the arguments of learned advocate for the applicant.

7.                     I have carefully the arguments so advanced by the learned counsel for the parties and have also gone through the police papers with the assistance of the learned State counsel.  I find that no overt act is attributed to the applicant and the allegation against him is that he was armed with T.T pistol and he alongwith three co-accused, namely, Rehmatullah, Asadullah and Abdul Ghafoor made aerial firing, but no empty of T.T pistol was found at the place of vardat, as is evident from the mashirnama dated 19.5.2006, prepared at the spot, no recovery of crime weapon has been effected from the applicant and in view of dictums laid down by Hon’ble Apex Court in all three cases (Supra), I am of the considered opinion that applicant has made out his case for grant of bail, therefore, bail is granted to applicant in the sum of Rs.300,000- (Three lacs), subject to his furnishing solvent surety and P.R bond in the like amount to the satisfaction of learned trial Court. The bail application is allowed.

                                                                                                            Judge