ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                    Cr. Bail Appln. No.S- 882 of 2010.

DATE         ORDER WITH SIGNATURE OF JUDGE

26.09.2011.

Mr. Ayaz Hussain Tunio, Advocate for Applicant.

Mr. Shahzado Saleem Nahyoon, Assistant. P.G.

Mr. Abdul Rasool Abbasi, Advocate for complainant.

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            The applicant Huzoor Bux seeks post arrest bail in Crime NO. 419/10 of P.S Dadu, registered U/s 302, 324, 337-F(v), 337-A(i), 337-A(ii), 337-F(i), 504, 147, 148, 149 PPC.  

            Brief facts giving rise to this application are that on 28.08.2010 at about 1020 hours in an unhappy episode, deceased Ghulam Hussain lost his life and P.Ws Muhammad Saleh and Manzoor received injuries at the hands of accused, who are nominated in aforesaid crime number.

            Mr. Ayaz Hussain Tunio, learned Counsel for Applicant contended that the specific role is attributed to co-accused Ali Ahmed and Fahad, who while firing upon deceased Ghulam Hussain have committed his murder but as far as the role of present Applicant is concerned, he did not cause any injury to the deceased. He further contended that according to the prosecution case, at the time of occurrence, Applicant was armed with hatchet and inflicted hatchet blows upon P.W Manzoor, who became injured, and injuries on his person, are simple in nature. Learned Counsel also contended that this is a case of counter version as, in respect of same occurrence, another case under Crime No. 415/2010 was registered at same Police Station by the Applicant’s party, and in said occurrence two persons namely Khalid Hussain and Ghulam Hussain from Applicant’s side also became injured at the hands of their opponents, therefore, it is yet to be determined as to which party was aggressor. He lastly contended that in the present case under similar role      co-accused Khalid Hussain has been granted bail, likewise co-accused in counter case also have been granted bail by Trial Court as such, even on that ground present Applicant deserves to be granted bail.     

            Mr. Shahzado Saleem Nahyoon learned Assistant P.G halfheartedly opposed the instant application and could not controvert the contention raised by learned Counsel for applicant.

            Mr. Abdul Rasool Abbasi learned Counsel for complainant though opposed the bail plea of applicant but very candidly admitted that this is a case of counter version and other side is on bail.

            Admittedly, the Applicant did not cause any injury to deceased Ghulam Hussain and per prosecution, he inflicted blunt side hatchet injures on non vital part of the body of P.W Manzoor and such injuries have been certified as simple in nature. Under somewhat similar circumstances, co-accused Khalid Hussain has also been enlarged on bail by the Trial Court vide its order dated 29.6.2011. Apart from above, this is a case of counter version and it is yet to come at trial as to whether both parties received injures at the hands of their opponents, and the accused, who have been nominated in Crime                  No. 415/2010, have been extended concession of bail by the Trial Court. In view of above and the dicta laid down by the Honourable Supreme Court of Pakistan in the cases reported as P.L.D 2009 Supreme Court 58 and 1996 SCMR 1845, I am of the firm opinion that the case of applicant becomes a case of further inquiry, which entitles him to be released on bail.

            Consequently, instant application is allowed and Applicant is granted bail subject to his furnishing solvent surety in the sum of Rs.300,000/- (Rs. Three Hundred Thousand) and P.R Bond in the like amount to the satisfaction of Trial Court. 

                                                                                                            JUDGE