ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Cr. Bail Appln.No:   318 of 2010.

Date                          Order with signature of judge.

            1.         For orders on office objection as flag A.

            2.         For orders on M.A No. 1077/2010.

            3.         For Hearing.                                                

21.5.2010.

Mr. Muhammad Ashiq Dhamrah, advocate for the applicant.

                        Mr.  Syed Fida Hussain Shah, State Counsel.

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                        The applicant Assadullah has applied  for grant of bail after his earlier bail application was dismissed by learned Sessions Judge, Kamber Shahdadkot vide order dated 21.12.2009 passed in connection with Crime No.111/2008 of P.S Nasirabad U/S 17(3), 17(4) H.O and 504, 148, 149 PPC.

                        As per the F.I.R lodged on 10.9.2008 at 6.00 p.m by the complainant Mohammad Bux Bhatti, the incident took place on the same day at about 5.00 p.m, when the complainant  Mohammad Bux and his son Zulfiqar Ali reached in the street near  the house of one Ashiq Ali Kalhoro, they saw two motorcycles.  The accused Ali Murad, Assadullah and Fazal Mohammad were  on one motorcycle while three unidentified persons came on other motorcycle.  It is alleged in the F.I.R that the culprits took out pistols from folds of their shalwars and pointed out upon the complainant party and thereafter  accused Ali Murad while abusing Zulfiqar Ali caused butt blow  on the back side of head of Zulfiqar Ali,  while accused/applicant Assadullah fired with his pistol at Zulfiqar Ali with intention to commit his murder and the third accused Fazal Mohammad also fired with his pistol at Zulfiqar Ali.  It is further alleged in the F.I.R that  one of the unidentified culprits also fired with his pistol at Zulfiqar Ali while  the remaining  two unidentified culprits took away the bag of cash of  Zulfiqar Ali and then they all left away through their motorcycles, while raising slogans.  The injured Zulfiqar Ali  succumbed to the injuries and died at the spot.  The complainant further alleged in his F.I.R that the accused persons had matrimonial dispute with them therefore, they with their common intention murdered his son and also taken away his amount which belonged to his Company. 

                        It is argued by Mr. Mohammad Ashiq Dhamrah, learned counsel for the applicant that the story, as set up in the F.I.R, is not believable   for the reason  that how the culprits being related to the complainant could commit the robbery.   He further argued that there is delay in lodging the F.I.R and there is no  P.W from the place of incident and only the interested  P.Ws are  cited therefore, their statements  can not be relied upon specially when the enmity between the parties is already admitted.   He also contended that no empty was secured from the spot nor the crime weapon was recovered from the applicant and that the ocular testimony is belied by the mashirnama of injuries  as well as the medical evidence therefore, the case needs further inquiry.

                        On the other hand, Mr.Syed Fida Hussain Shah vehemently opposed the bail application.

                        I have considered the above submissions and also perused the relevant  papers which reveal that the name of the applicant is appearing in the very F.I.R with specific role assigned to him and such F.I.R was also promptly lodged in respect of the alleged attack of accused with their pistols and  the medical evidence also  supports to such incident.   The offence is covered  by the prohibitory clause of section 497(1) Cr. P.C.   Therefore,  I do not find any reasonable ground for believing that the applicant Assadullah is not guilty of the alleged offence. 

                        In the circumstances, the above bail application  of accused Assadullah is hereby dismissed.  However, the observation of this Court being tentative in nature shall not influence the trial Court while deciding the case on merits.

JUDGE