Order Sheet.

 HIGH COURT OF SINDH, CIRCUIRT COURT HYDERABAD.

CR. B. A. NO.S-583 OF 2009.

Date              Order with signature of Judge

30.10.2009.

FOR HEARING.

Mr. Deedar Hussain Baloch, Advocate for the applicants.

Mr. Shahid Ahmed Shaikh, Assistant Prosecutor General, Sindh.

. . . .

      Through this bail application, applicants Muhammad Ali, Ismail alias Muhammad Ismail, Amir Gul and Soomar alias Muhammad Soomar seek post arrest bail in Crime No.31 of 2009 of police station Nangarparkar.

      The bail plea of the applicants has been turned down by Sessions Judge Tharparkar at Mithi vide order dated 17.9.2009.

      At the very outset learned counsel for the applicants did not press the bail plea on behalf of applicant Ismail alias Muhammad Ismail, which is accordingly dismissed.

      On 06.8.2009 one Habibullah lodged F.I.R. with police station Nangarparkar, stating therein that he owns a piece of surveyed land bearing No.10, situated at the distance of one kilometer on the northern side of village Jhundan. On the cultivation of said land a dispute between him and Muhammad Ali and others arose. He further stated that on 6.8.2009 at 1030 hours when he was present in the land and busy in his work, the accused namely each Mir Muhammad, Rahim Dad, Muhammad Ali, Muhammad Ismail, Ameer Gul, Muhammad Soomar, Ayaz Gul, Ali Hassan, Ali Khan and Sakhi came there. Out of them, Mir Muhammad, Rahim Dad and Muhammad Ali were armed with repeater and guns, Muhammad Ismail was armed with DBBL licensed gun of Wasayo, Ameer Gul armed with pistol, Muhammad Soomar armed with hatchet while rest of the accused had lathi in their respective hand. Meanwhile, Mushtaq brother of the complainant, and Muhammad Akram also came there. On the instigation of accused Mir Muhammad and Rahim Dad all the accused attacked upon the complainant party. Complainant alleged that accused Ameer Gul made straight fire towards the complainant with intention to commit his murder, which hit on his left shoulder, while accused Ismail made direct fire upon Akram, which hit on his face and other parts of the body. On the hue and cry of complainant party P.W. Rahim Hussain came there, who also sustained firearm injuries at his shoulder and other parts of body at the hands of accused Muhammad Ali. It is further alleged that accused Soomar caused hatchet blows on the head and other parts of P.W. Mushtaq and rest of the accused caused kicks, fist and lathi blows to the complainant party. Complainant party raised cries, which attracted P.Ws. Mian Bux and Jalal Khan, they came running and saved the complainant party.

      It is, inter alia, contended that the applicants are innocent and have been falsely implicated in this case due to dispute over the land. It is further contended that the injuries of complainant Habibullah fall under section 337-F(iii) P.P.C., and punishable up to three years while the injuries of P.W. Rahim Hussain fall under section 337-F(i) P.P.C., and punishable for one year whereas, the injuries of P.W. Mushtaq fall under section 337-A(ii) and 337-F(ii) P.P.C., and punishable up to five years. Learned counsel further submits that though the accused were armed with deadly weapons as alleged in the F.I.R., but they did not repeat the fires though the complainant party was helpless and completely at the mercy of the accused. His next submission is that as far as the applicability of section 324 P.P.C., is concerned, the same section has been malafidely added in order to bring the case of the accused within the prohibitory clause of section 497(1) Cr.P.C.

      The learned A.P.G. after going through the medical certificates very frankly conceded that the medical certificates issued by the doctor verify the contention of learned counsel for the applicants in respect of injuries and the punishment thereof, but he opposed the bail plea of the applicants on the ground that their names appear in the F.I.R. with their role.

      Heard learned counsel for the parties and perused the case papers. Admittedly, the complainant party have received the injuries, which carry punishment up to five years, hence the case of the applicants does not fall within the prohibitory clause of section 497(1) Cr.P.C. So far the role of accused Ismail is concerned, the leaned counsel did not press his bail application. The applicability of section 324 P.P.C., requires further inquiry, as from the conduct of the accused it appears that they have no intention to commit the murder of complainant or any of the P.W. No recovery of any weapon has been effected from either of the applicant. The case has been challaned. The applicants are no more required for further investigation and no purpose will be served if they remain in jail for indefinite period.

      In view of the above, I am of the opinion that the applicants have made out a case for bail. I therefore admit the applicants Ameer Gul, Muhammad Ali and Soomar alias Muhammad Soomar on bail subject to their furnishing solvent surety in the sum of Rs.50,000/- (Fifty thousand) each and P.R. Bond in the like amount to the satisfaction of the trial Court.

      The trial Court is directed to conclude the case expeditiously and no adjournment will be granted without any justification.

      The bail application stands disposed of.

                                                      J U D G E