ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

                             Crl. Bail Appln. No.S-443  of 2012. 

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

FOR HEARING.

28.1.2013.

Mr. Saeed Ahmed Bijarani, advocate for applicant.

Miss. Shazia Surahiyo, State Counsel along with Insp. Baharuddin Keeriyo, SHO PS B-Section, Kandhkot.

                        Complainant Bajo is present in person.

                                                -.-.-.-.-.-.-

                        The show-cause notice issued to SHO B-Section, Kandhkot is discharged.

                        Learned counsel for the applicant has moved this bail application pursuant to the offence punishable under section 302, 34, PPC registered as Crime No.21/2007, Police Station B-Section, Kandhkot.

                        Brief facts of the prosecution case are as under :

“Complaint is that I had matrimonial dispute with Baghoo Muhammadani. Yesterday evening I along with my sons Haji Khathoor aged about 32 years and brother Muhano @ Qadir Bux Muhammadani went to the house of son-in-law Ali Sher Muhammadani to meet my daughter, we stayed night in the house of son-in-law Ali Sher Muhammadani, at about 11:00 p.m we saw accused every one (1)Bugho (2)Batoo both sons of Total (3)Bashir s/o Belo resident of near Khair Shah armed with guns (4)Moula Bux s/o Shah Dino r/o near Guddu Maleer by caste Muhammadani armed with lathis came there, out of them accused Bugho fired with gun at my son Haji Khathoor with intention to commit his murder which hit him on face, who fell down by raising cries, then above mentioned four accused went away, however my son Haji Khathoor died at the spot, due to odd hours of the night we stayed night there. Today morning I arranged conveyance, brought dead body to P.S and complaint that all above named accused persons with their common intention armed with weapons and lathis, accused Bugho fired with gun at my son Haji Khathoor and committed his murder. I am complainant, investigation be done”.

                        It is the case of the applicant that no specific role has been attributed to the applicant namely Bashir Muhammadani s/o Belo, the present applicant, who was allegedly armed with gun. It is further pointed out by the learned counsel for the applicant that as far as the specific role is concerned that has been attributed to Bugho, who allegedly fired with his gun upon Haji Khathoor, who killed on account of the said fire. Learned counsel further submits that there is no role with regard to the instigation or motivating the main accused, who fired upon Haji Khathoor and as such it is the case of further enquiry.

                        Learned State Counsel raised some cursory objections that since the present applicant is named in the FIR and armed with gun and in view of such submissions, she opposed the bail application.

                        I have gone through the record as well as order of the trial Court. It is matter of fact that the present applicant Bashir Muhammadani though has been named in the FIR but no specific role is alleged against him. Neither the offence such as of instigation or prompting the main accused Bugho was attributed to the applicant. The role of other main accused is totally different from the role of the present applicant. Consequently, I admit the applicant on bail subject to his furnishing surety in the sum of Rs.250,000/- (Rupees two hundred fifty thousands only) and P.R bond in the like amount to the satisfaction of the trial Court.

Judge