ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Criminal Bail Application No. 344 / 2010.

Date                                    Order with signature of Judge

1. For order on M.A No. 1771

(Certified coy of annexures not filed, translation of documents not filed.

2. For hearing.

22-04-2010

Mr. Muhammad Rashid advocate for the applicant/accused.

Mr. R.K Kohistani advocate for the complainant.

Mr. Suhail Jabbar D.P.G for State.

AHMED ALI M. SHAIKH, J.          The applicant Dawa Saeed seeks bail in crime No. 635 of 2009 Police Station SITE-A, Karachi (West) registered U/Ss: 324, 427and 34 PPC.

The applicant approached the Trial Court for bail but could not succeed.

The allegation against the applicant is that on 12.08.2009, while complainant Haji Abdul Ghaffar Khan his brothers Bashir and Hayat Khan were going in their vehicle, at about 1200 hours when they reached near Metro Line Hospital opposite Water Pump. Suddenly applicant Dawa Saeed duly armed with pistol alongwith his six companions emerged and tried to stop them, but complainant party did not stop their vehicle, following which accused Dawa Saeed fired from his pistol upon the complainant which hit the wind screen of the vehicle. One of the accused also fired upon the complainant party with his T.T pistol. One of the bullet hit front tire of left side, while the second fire hit the body of the vehicle, but none from the complainant party received any injury.

The motive behind the incident as disclosed by the complainant is that he is contractor, whereas the applicant is labour contractor. A dispute with regard to the settlement of accounts was going on between them.

The learned counsel for the applicant contended that there is dispute between the applicant and the complaint in respect of settlement of accounts as the complaint has to pay huge amount to the applicant for the work undertaken by him, therefore in order to usurp the same, the complainant has lodged this false F.I.R against the applicant. He further contended that the prosecution case from very face of it seems to be cock and bull story and does not attract the prudent mind. He lastly contended that this is case of eneffective firing and at the most case would fall U/S 427 P.P.C, which is bailable one.

Mr. Suhail Jabbar learned D.P.G for the State very frankly concedes above position and did not oppose the bail application.

Mr. R.K. Kohistani learned counsel for the complainant has half heartedly opposed the bail application, but could not controvert the contentions raised by the learned counsel for the applicant.

Heard the learned counsel for the parties as well as D.P.G for the State and perused the papers.

Admittedly this is case of eneffective firing, where none amongst the complainant party has received any injury or even any scratch. The dispute with regard to the settlement of accounts is admitted by the complainant even in his F.I.R. Upon a perusal of F.I.R, it appears that complainant party being empty handed was completely at the mercy of applicant and his companions but it is very strange despite of so many rounds fired by the accused as alleged in the F.I.R even none from complainant party received any injury. The version of prosecution does not inspire confidence and at the most, case falls U/S 427 P.P.C which is bailable and out of purview of  497(i) Cr.P.C. As far as the applicability of section 324 P.P.C is concerned, it is yet to be determined at the trial. At this stage, there are no reasonable grounds for believing that the applicant is guilty of an offence punishable with death imprisonment for life or ten years. On the contrary case of the applicant falls under sub section (2) of section 497 Cr.P.C and requires further inquiry.

For the foregoing reasons, the applicant was admitted on bail, vide my short order dated: 22.04.2010.

                                                                                                       JUDGE

ABDUL SALAM P.A