ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr.Bail No. 472 of 2010

            Date                             Order with signature of Judge                                    

1. For orders on M.A. 2297/2010.

2. For orders on M.A. 2298/2010.

3. For hearing .

Attention is respectfully invited to the order dated nil/2010, passed by the

Hon’ble Chief Justice, which may kindely be seen at flag ‘A’.

10^th May, 2010.

          M/s A.Q.Halepota & Mahrram G.Baloch, Advocates alongwith Applicants.

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1.       Granted.

2.       Granted subject to all just exceptions.

3.       It is, inter alia, contended by learned counsel for the applicants that applicants have falsely been implicated in Crime No. 16 of 2009, Police Station Thano Bola Khan, Jamshoro under section 364, 324, 302, 109, 506(2), 34 PPC inasmuch as the case has been registered on account of political rivalry between the applicants who belong to PML(Q) party while the complainant party belong to Malik Asad Sikandar of PPP. Learned counsel states that there are two versions of the alleged crime one stated in the FIR and the other reported by the newspapers KAWISH, IBRAT and HILAL-E- PAKISTAN all dated 20.8.2007. In the FIR applicants 1 and 3 have been attributed roll of firing respectively at Najabuddin and Ali Sher but the newspaper reporting altogether shows that no such incident has happened and the injury was caused to Najabuddin so also Ali Sher when they accompanied the police party to the lands of the applicant party to arrest Bachayo Khoso and others in some offence. Learned counsel further states that Najabuddin got injury on his thigh which was not a vital part of the body while Ali Sher also got injury on his abdomen which, too, was not a vital part of body and that in the worst scenario, the allegation will not lead to a conclusion that there was an intention or mens rea on the part of applicants to commit murder/Qatal-i-Amad and that the injured Najabuddin expired because of loss of blood. Learned counsel has also relied upon the case of MUHAMMAD AFZAL V/S THE STATE (2004 YLR 94 and the case of MOHTARMA BENAZIR BHUTTO V/S PRESIDENT OF PAKISTAN (PLD 1998 SC 388) to support his submission regarding intension and legal value of press cuttings.

Issue notice to Prosecutor General Sindh for 24.5.2010 till then interim pre-arrest bail is granted to the applicants on their furnishing surety in the sum of Rs. 200,000/- (Rupees two lac only) each and P.R.Bond in the like amount to the satisfaction of the Nazir of this Court.

Aamir/PS                                                                                                                                                                J U D G E