ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr.B.A.No.14 of 2010

For hearing

ORDER

20.1.2010

Mr.Ghous Bux Kaheri Advocate for applicants.

M.Sardar Ali Shah A.P.G. for the state.

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On 10.09.2008 this FIR was registered of the incident which allegedly took place on same date by one Allah Dino. According to him he alongwith Muhammad Bachal, Sajjad, Mukhtiar and others were sleeping in their house by tethering their cattles in the courtyard of their house and electric bulbs were on while at about 0030 hours they woked up and saw the present applicants and five others duly armed with kilashnikoves and guns were present in the courtyard. The complainant party grappled with the accused, therefore, Bachal was injured by applicant Mir Muhammad and Sajjad was injured by applicant Zaffar so also Mukhtiar was injured by Arsalan who is still absconder at that time. Police party headed by SIP Abdul Samad Soomro also came there and present applicants were allegedly arrested at the spot. Two unlicensed kilashnikoves and five live bullets were also recovered from their possession. The complainant party succeeded to save their buffaloes while remaining accused made their escape.

After usual investigation final report was filed. Separate FIR in respect of recovery of unlicensed kilashnikove was also registered against the present applicant. The present applicant and co-accused Rafique are facing trial in the court of learned III-d Addl:Sessions Judge Mirpur Mathelo while accused Sanwal, Arsalan and Shahmir are still absconders. The bail application of the present applicants were filed before the learned trial court but the same was dismissed vide order dated15.6.2009.

Heard learned counsel for the applicants and learned A.P.G. for the state, latter has opposed the bail application on the ground that applicants were arrested on the spot. Role is against them and they also became injured on the spot. He further states that unlicensed kilashnikoves have also been recovered from them and two years of their confinement have not been completed.

Learned counsel for the applicant states that injuries of P.Ws Bachal and Sajjad are declared by the doctor to be punishable up to one year and that will not come within the prohibitory clause of section 497 Cr.P.C. He further contended that co-accused Rafique who was arrested later on was granted bail by this court. He further contended that proceedings against the absconder accused have not been completed, therefore, charge has not been framed and the applicants are behind the bar without progress in the case since last about 16 months.

From the arguments of learned counsel for the applicants I also agree that fair trial is right of the accused. Applicant is behind the bar since last about 16 months but case has not been proceeded so far recovery of kilashnikove is concerned, separate cases have been registered against the applicants and they will face consequences in those cases. Some of the accused are still absconder and their abscondence will not come in way of present applicants. Accordingly I allow this bail application. Applicants shall be released on bail subject to furnishing solvent surety in the sum of Rs.100,000/- (One lac) and P.R. bond in the like amount to the satisfaction of the learned trial court.

JUDGE