ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Bail Appln. No. 339 of 2009.

Date	Order with signature of Judge

1. For orders on office objection.

2. For hearing.

25.06.2009.

                        Mr. Athar Abbas Solangi, Advocate for the applicant.

                        Mr. Nisar Ahmed G. Abro, State counsel.

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Muhammad Ismail Bhutto, J.-    Applicant Imdad son of Qasim Wako seeks bail in crime     No. 18/2009, P.S Mehar, registered for offences under section 302, 324, 148, 149 P.P.C.

                        Briefly, stated, the facts of prosecution case are that complainant Mst. Sabhagi lodged report with P.S Mehar, stating therein that, there exists enmity between them and Sheral Suhag and others. That on the fateful day she alongwith other inmates of the house was present in her house, as such at about 1.00 p.m. they heard cries and saw accused Nazir, Sakhawat, Sheral duly armed with kalashnikoves, Abdul Razak having rifle, Akhtar, with Kalashnikov, Mashooque with rifle, Azeem duly armed with gun, Abid having repeater, Allan, Khush Mohammad, Guftar and Sheral, Nadeem, Mohammad Ali armed with kalashnikoves, applicant Imdad with gun, Wali Mohammad, Usman duly armed with kalashnikoves, and Mehboob having gun came there running and within sight of complainant party accused Sakhawat Ali, Mohammad Ali and Wali Mohammad fired from their kalashnikoves at Sajjad alias Morial, accused Guftar fired kalashnikov shot at Rafique and accused Akhtiar also made kalashnikov fire at complainant party which hit Mst. Latifan on her knee. Then the culprits went away and after their departure complainant party found Sajjad alias Morial lying dead, while injured Rafique and Mst. Latifan were removed to Taluka hospital Mehar, wherefrom injured Rafique was referred to CMC Hospital, Larkana, but he succumbed to injuries on the way. Hence this F.I.R.

                        During investigation the applicant was arrested by police and the challan has been submitted before the court of law. Bail plea of the applicant was declined by the learned trial Court. Hence this bail application.

                        Learned counsel for the applicant submits that no active role is assigned to the applicant and only his presence is shown at the place of occurrence. He further contended that there is no any recovery from possession of applicant. He also contended that the statements under section 161 Cr.P.C. of the prosecution witnesses were recorded after the delay of three days of the incident. He further contended that the there is enmity in between complainant party and Sheral Suhag, but the applicant is of different caste i.e. Wako, who has no concern with the enmity of Suhag community, but he has maliciously been implicated in this case. He lastly submitted that in view of the above circumstances, the case of applicant requires further enquiry as contemplated under section 497 subsection (2) Cr.P.C.  and applicant is entitled for grant of bail.

                        On the other hand learned State counsel opposed the grant of bail to applicant on the ground that name of applicant is mentioned in the F.I.R, so also P.Ws: in their statements under section 161 Cr.P.C. have fully implicated him in the commission of alleged offence and that the applicant is involved in double murder case, which comes within the prohibitory clause of section 497 Cr.P.C.

                        I have heard both the counsel and have gone through the material placed on record.  No doubt name of the applicant do appear in the F.I.R, that he came to place of vardat duly armed with gun, but he did not use the same in the commission of crime. Specific role for causing injuries which resulted into death of two deceased is assigned to co-accused Sakhawat, Mohammad Ali, Wali Mohammad, Guftar and Akhtar, who were said to be armed with kalashnikoves.  Admittedly, there is no mention in the F.I.R that applicant had also fired at any of the deceased or injured, only his presence has been shown at the place of vardat.  In my humble view case of the applicant in the above circumstances requires further enquiry and he is entitled for grant of bail, therefore, he is granted bail in the sum of Rs.400,000/- (Four lacs) and P.R bon in the like amount to the satisfaction of trial Court.

                                                                                                            Judge