ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Bail Appln. No.   538 of 2009.

Date of hearing

Order with signature of Judge

1. For  Hearing.

2. For hearing of M.A No. /09.

20.10.2009.

                        Mr. Maqbool Ahmed Awan, advocate for the petitioner.

Mr.   Asif Ali Abdul Razzak Soomro, advocate for the complainant.

                        Mr. Muhammad Yaqoob Dahani, State Counsel.             

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                        The applicant is booked in Crime No.45/2009 of P.S Rustam, Shikarpur U/S 302, 114, 149, 114 PPC.

                        The applicant is one of the 9 accused  persons.  The act attributed  to each of the co-accused is stated in the F.I.R  which is as follows:

             “Complaint  is that we have old murderous enmity with Jinsar and Nabelo alias Abdul Nabi Sethar, due to which persons belong to Jinsar shifted from Boriri to Naushahro Feroze, in the night of 22.05.2009, at 11.00 p.m,  complainant, his brother Dildar Ahmed and cousin Dilshad  Ahmed S/o Ghulam Nabi,   uncle  Ahmed S/O Gul Sher were sitting in the hotel of Abdul Rasheed, at about 11.30 p.m  the accused persons namely 1.Jinsar S/O Umar 2.Zaheer 3.Nabeelo alias Abdul Nabi, 4.Abdul Rasool 5.Ayoob, 6.Javed 7.Shahzore S/O Allahdad, all by caste Sethar   R/O Village Boriri, 8.Mehro S/O Karam Ali Dodani Jatoi, 9.Jat S/O Ali Sher, bycaste Saeed Khanani Jatoi, R/O Mirza Wah, all were armed with K.Kovs, entered into the hotel and over powered the complainant party asked  them to keep silent.  There were so many persons available in the hotel they also remained silent due to fear of weapons, then accused Nabeelo alias Abdul  Nabi instigated all the co-accused, having told that Abdul Raheem had been murdered by Dildar Ahmed, therefore, asked them to take revenge from him.  Due to his instigation accused above named warned persons sitting in the hotel to keep away from the (deceased) Dildar Ahmed and then fired  upon my brother.  Accused Jinsar fired with his K.Kov which hit my upper side of left nipple.  Accused Abdul Rahseed fired with his K.Kov which hit my brother on back side.  Accused Ayoob fired with K.Kov which hit my brother on his buttock.  Accused Javed fired with his K.Kov which hit my brother on left side of his abdomen.  Accused Shahzore fired with K.Kov which  hit  him on buttock.  Accused Mehro Dodani fired with his K.Kov which hit him on near right side of his abdomen, who raised  cries and fell down on the ground. 

                        Learned counsel for the applicant  states that the complainant  has shown motive of murder  to be the old enmity  but such motive has not been assigned to present applicant  Ayoob.  He further  states that the fire  shots has been specifically attributed to each  of the accused  but the injury  that has been  caused from the shot of the present applicant is  on non-vital part of the body.   He further submits that after  recording the statements of  the witnesses, the I.O has placed  the present applicant in column No.2.    He states that  as  the bullet  injury  from the applicant’s fire has been attributed on the non-vital part   of the deceased he is entitled  for bail.   In this connection he has relied upon  the case of Adnan Khuwaja v. The State (2008 SCMR 1439).  In this case the applicant caused injury on the  leg  of the deceased and  bail was granted.  He  also relied upon  case the case  of Amjad  v. The State (1992 SCMR 955)  wherein bail was granted as the injury was  caused on   the non-vital part of the body.  Reliance  was also placed on case of Aamir v. The State (PLD 1972 SCMR 277)    It is therefore, state that the applicant is entitled to the concession of bail.

                        Counsel  for the  complainant  on the other  hand  states   that the injuries caused on the buttock  of the deceased has  contributed  to the death of the deceased.    He has also stated that 22 empties   were found and since specific direct role  has also been assigned to the present applicant who was said to be  armed with K.K  bail shall not be granted to him.

             In the medical report, injuries No.1 and 2  have been  shown to be cause  of death of the deceased which were not from the fire of the applicant.  Undoubtedly   while  hearing bail application, the deeper  appreciation  of evidence is not required.  In the present case no enmity is attributed to the present applicant nor his  shot hit on the vital part of the deceased’s body as is evident from the medical  report which   shows that  the injuries which contributes  to the death of the deceased   are injuries No.1 and 2 both of which have been inflected on the chest  of the  deceased by other co-accused.    

                        In the circumstances,  the applicant is granted bail in the sum of Rs.400,000/= and P.R bond in the like amount to the satisfaction of  trial Court.

JUDGE