ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD
Cr.B.A.No.S- 734 of 2010
DATE ORDER WITH SIGNATURE OF JUDGE
1. For orders on office objection.
2. For orders on MA 3475/10.
3. For hearing.
29.11.2010
Mr. Abdul Aziz Memon, Advocate for applicants.
Mr. Shahid Shaikh, A.P.G for the State.
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Through this application, applicants seek post arrest bail in Crime No.39 of 2010 of Police Station Diplo District Tharparkar for offence U/Ss: 324, 337-A(i), 337-F(i), 504, 34 PPC.
Applicants approached the trial Court but their bail plea was turned down vide order dated 30.9.2010.
According to prosecution version, on 25.7.2010 at 1030 hours accused Nabi Bux, Ismail, Yousif and Misri were beating the peasants of complainant Muhammad Ibrahim at his lands. On the intervention of complainant, they spared his peasants, following which PW Abdullah disclosed that above named accused duly armed with rifle, pistol, hatchet and lathies came at the lands, abused them and asked them not to cultivate and leave the land but they refused and disclosed that the land belongs to complainant on which they become annoyed. Meanwhile, Nabi Bux and Ismail caused fire arm injuries to Akber and Zakaullah whereas Yousif and Misri caused hatchet and lathi blows to him.
It is inter alia contended that FIR is belated by 4 ½ hours without any explanation; applicants are innocent and they have been implicated in a false and fabricated case; applicants have been dragged in this false case due to previous enmity as prior to this applicant Nabi Bux and others were implicated in case bearing Crime No.56/2008 of PS Mithi by same complainant whereas applicant No.2 Ismail was implicated in Crime No.38/2008 of P.S Diplo, however he was acquitted vide judgment dated 26.6.2009. Learned counsel further contended that there is no allegation of repetition of fire by the applicants and they did not cause any injury to the PWs on vital part of their bodies. Per learned counsel, injuries are shown on the non-vital party of the bodies of PWs and same are not declared as fatal to their lives.
Conversely, learned D.P.G for the State though did not dispute the contentions raised by learned counsel for the applicants but opposed the bail application.
Heard learned counsel for the parties and perused the record.
Admittedly applicants have allegedly caused injuries to the P.Ws on non-vital parts of their bodies which are not declared to be dangerous to their lives. The said injuries fall U/s 337-F(iv) and 337-F(vi) which are punishable upto 07 years. At the time of occurrence PWs were empty handed and completely at the mercy of applicants but none amongst the applicants has repeated the fire therefore, applicability of Section 324 PPC will be determined at the trial. Even during investigation no incriminating article was secured from either of the applicants. Investigation of the case is over and applicants are no more required for such purpose.
For the foregoing reasons and dictum laid down in the cases reported as 1994 SCMR 2051 and PLD 1995 Supreme Court 34, I am of the considered view that applicants have made out a case for grant of bail as there are no reasonable grounds to believe that they have committed the offence punishable with death, imprisonment for life or 10 years. Hence, they were granted bail by short order dated 29.11.2010 subject to furnishing solvent surety in the sum of Rs.100,000/- (One lac) each and P.R Bonds in the like amount to the satisfaction of the trial Court.
Above are the reasons of short order dated 29.11.2010.
JUDGE
Tufail