ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT, LARKANA.

Cr. Bail Appln. NO. S- 547 of 2012.

Dated                                   order with signature of hon’ble Judge.

1. For order on M.A No.2827/2012.

2. For Hearing.                                           

29.01.2013.

                        Mr. Shahbaz Ali Khan Brohi, advocate for the applicants.

                        Mr. Abdul Rasheed Soomro, State Counsel.

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                        Applicants have preferred this bail application in respect of case registered vide Crime No.123/2012 at P.S New Faujdari U/S 364, 511, 324, 148, 149 PPC.

                        Brief facts of the  prosecution case   as narrated are that “Complainant Sajjad Ahmed Kalhoro lodged FIR with Police Station New Foujdari on 19.6.2012 at 1530 hours alleging therein that  he resides on the above mentioned address, and their native place village Mehar Pur Kalhoro and there is also house  of complainant.  There is hen farm  of complainant behind his house in village  Meharpur which is being looked after by them.  On the night of incident complainant and his younger brother Amjad Kalhoro aged about 23/24 years and sister’s son Adil S/O Faqir Mohammad Kalhoro and relative Fateh Mohammad S/O Jan Mohammad  Kalhoro were sleeping together in the hen farm, the electric bulbs were burning in the farm.  On 19.6.2012 at about 2.30 a.m the complainant and witnesses woke up on the noise, they saw and identified on electric bulbs accused (1) Gulzar S/O Jaro (2) Mohammad Khan S/O Qaim (3)Hussain Bux S/O Sher Mohammad all by caste Brohi R/O Village Meharpur with K.Ks and three unidentified accused whose faces were open if again shown they will identify them, they started beating with lathies to his brother Amjad Kalhoro and on the force of weapons were abducting to him while dragging him, the complainant and PWs raised cries and his brother Amjad resisted with accused persons and then accused Gulzar Brohi fired with his K.K with the intention to murder upon his brother Amjad which hit him on left side arm chest, who raised cries and fell down on the ground.  All the accused went out from farm. Complainant and P.Ws then saw that his brother received firearm injury on left side of chest blood was oozing and was seriously injured.  Complainant then with the help of PWs took his brother to Civil Hospital Shikarpur for treatment where his brother was under treatment and then complainant went  to police station New Foujdari and lodged  the report against accused persons.” 

                        It is contended  by the learned counsel  that no role has been prescribed  against the accused Mohammad Khan and Hussain Bux though a specific role if at all  revealed from the FIR  is against  accused Gulzar Brohi  who  with his K.K, with intention to   commit murder, fired which hit  the victim Amjad S/O Yar Mohammad Kalhoro   on his left side arm chest.  It is further contended that incident took place in the odd hours of the night i.e. 2.30 a.m and there is possibility that applicant has not been recognized.  It was further argued that on account of making hue and cry the accused left the place of incident after causing injuries to Amjad.  Learned counsel submits that in terms of section 364, the offence include  the abduction  with intention to commit murder and if at all  the applicants have come with such intention  then there  was nothing to prevent  the applicants  from committing  murder  as in terms of the FIR    the complainant and his brother Amjad  were empty handed.  Learned   counsel submits that in view of facts and circumstances   the case of prosecution has become  one of further inquiry.

                        On the other hand, learned State Counsel  has supported the impugned order and submitted that in terms of the medical report  dated 28.06.2012 one LTP wound of entry measuring 0.75 cm is in diameter  and circular  in shape was found  and second injury  is LTP wound of exit measuring 5.5 x 3.00  cm margin irregular in shape.

              Such injury in terms of the FIR was apparently caused by accused Gulzar who is stated to have  used K.K with intention to commit murder of Amjad.  Such report is also silent as far as other injury which allegedly  caused  by the lathi  blows  are  concerned.  The enmity that has been shown between Kalhoro and Brohi community  is also vigorously  pleaded  and such can not be ruled out.    As such the applicant has made out a case of further inquiry.

                        I therefore, in view of the above facts and  circumstances, enlarge  the applicants on bail on their furnishing surety in the sum of Rs.300,000/= each  and P.R bond in the like amount to the satisfaction of trial Court.

JUDGE