ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Bail Appln. No. 73 of 2010.   

Date

Order with signature of Judge

 

1.                  For orders on office objection.

2.                  For hearing.

 

03.03.2010.

                        Mr. Mohammad Azim Korai, Advocate for applicant.

                        Mr. Nisar Ahmed G. Abro, State counsel.

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                        Applicant Imran son of Gulzar Khokhar is facing trial before learned 1st Additional Sessions Judge, Shikarpur, in crime No. 09/2009 of P.S Nabi Shah Wagan, for offences under article 17 (3) Offences Against Property (Enforcement of Hudood) Ordinance, 1979, and 324, 457, 504, 148,149, 337-A (i), 337-F (i) P.P.C. The applicant approached learned trial Court for bail but could not succeed; hence instant bail application has been filed on his behalf.

 

                        On 07.07.2009, complainant Irfan Ali Khokhar lodged report with P.S Nabi Shah Wagan, which reads as under:

 

                        “It is complaint that, about six months ago my mother’s sister Mst. Latifan had got her daughter Tehmina Khatoon daughter of Gulzar Ali Khokhar married with me according to Sharia Mohammadi, to which her husband, namely, Gulzar Ali Khokhar and her son Imran Khokhar were annoyed and they were extending me threats of murder. That on 12.6.2009, I and my father Azizullah Khokhar had gone to his maternal uncle, namely, Allahdino Khokhar for paying him amount of Qingqi rickshaw towards his village, namely, Nabi Shah Wagan, Taluka Garhi Yasin, and as such at about 0300 hours when I, my father Azizullah and my maternal uncle Allahdino Khokhar and other inmates of the house were present in the house and were chitchatting with each other, all of sudden accused 1. Imran son of Gulzar with hatchet, 2. Gulzar son of Budhal with lathi,         3. Gulbahar son of Budhal with pistol, 4. Karim Bux son of Bachal with lathi, 5. Sikander son of Budhal with lathi, 6. Ayaz son of Sikander Ali with lathi, all by caste Khokhar, resident of Nabi Shah Wagan, Taluka Garhi Yasin entered into the house. On coming accused Imran while abusing asked that you are our “Karo”, and today you will not be spared and will be done to death. Saying so, accused Imran with his hatchet caused me blow on my neck with intention to commit murder, but I stopped it with my arm and it went cutting my arm and I fell down by raising cry and accused Gulbahar with his pistol made fire upon my father Azizullah Khokhar, who avoided the same by falling on the ground. thereafter, lathi bearing accused caused me lathi blows on my back and other parts of body and then accused Imran snatched Rs.30,000/-, and mobile phone N-73, whereas accused Karim Bux snatched Rs.11000/- from my father Azizullah, then all the accused while extending threats of murder went out of the house alongwith robbed cash,  and mobile set. Now I have come to report the mater that above accused with their common object duly armed with weapons by making an unlawful assembly due to annoyance over the matter of my marriage with my mother’s sister’s daughter Tehmina, accused Imran while causing hatchet blows to me with intention to murder has severely injured me and rest of accused have also caused me lathi blows and have robbed away above mentioned cash amount and mobile. I am complainant, investigation may be made.”

 

                        The learned counsel for applicants contended that there is matrimonial dispute between the parties. The alleged F.I.R was lodged after a considerable delay of 26-days and the complainant has not offered any plausible explanation for this inordinate delay, which creates doubt about in the prosecution case.

 

                        Learned State counsel Mr. Nisar Ahmed Abro, conceded the submissions of learned counsel for applicant and he raised no objection for grant of bail to applicant.

 

                        I have considered the submissions advanced at the bar and perused the material placed on record.  It is an admitted fact that there is dispute between the applicant and complainant party on matrimonial affairs. It is also an admitted fact that F.I.R was lodged by complainant after a considerable delay of 26-days and no plausible explanation is offered in the F.I.R for this inordinate delay in lodgment of the F.I.R.  It is also a fact that co-accused Gulzar, Gul Bahar, Sikander and Ayaz have been granted bail by the learned trial Court. In these circumstances, the case of applicant also falls under the purview of further enquiry and applicant has been able to make a case for grant of bail; hence in the above circumstances, I grant bail to applicant. Applicant is directed to be released on his furnishing solvent surety in the sum of Rs.50,000/- (Fifty thousands) and P.R bond in the like amount to the satisfaction of trial Court.

 

 

                                                                                                            Judge