ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Cr. Bail Appln. No.S-457 of 2013
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DATE OF HEARING |
ORDER WITH SIGNATURE OF HON’BLE JUDGE. |
01.11.2013.
1. For orders on office objection.
2. For hearing.
Mr. Saleem Raza Jakhar, advocate for the applicants/accused.
Mr. Khadim Hussain Khooharo, Deputy Prosecutor General.
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Through this bail application, the applicants Rehmatullah and Muhammad Bachal, seek post arrest bail in crime No.163/2013 of Police Station Ratodero, District Larkana, under Sections 324, 337-A(i), 337-F(i), 114, 147, 148 and 149, PPC. The post-arrest bail application of the applicants/accused has been rejected by the learned V-Additional Sessions Judge, Larkana vide order dated 25.9.2013, hence this bail application.
The brief facts of the prosecution case for the disposal of this bail application are that on 31.8.2013, complainant Ali Hassan appeared at Police Station Ratodero and lodged the F.I.R, alleging therein that there was his some quarrel with his cousin Abdullah over the matter of water and he was annoyed. On the day of incident, complainant alongwith his cousin Shah Muhammad and relatives Ali Jan and Abdul Wahab were sitting in the Otaque, when at about 10.00 a.m., they saw accused Abdullah armed with pistol, Rehmatullah with pistol, Muhammad Bachal and Abdul Razak having lathies. Out of them, accused Abdullah instigated to the rest of the accused to kill the complainant party and on his instigation Rehmatullah fired from his pistol, which hit to Abdul Wahab on his leg, accused Abdullah fired from his pistol upon Ali Jan, which hit him on his left thigh. Remaining accused caused lathi blows to Abdul Wahab and Ali Jan, on which they raised cries and then all the accused persons run away. The complainant brought the injured to police station and lodged the F.I.R of the incident.
Learned Counsel for the applicants/accused argued that the applicants are innocent and they have falsely been implicated in this case. All the witnesses cited in the case are related to the complainant, therefore, false implication of the applicants in this case cannot be ruled out. He has further submitted that there are counter-cases between the parties, as from the side of the applicant Mst. Sazin has lodged F.I.R against the complainant party of this case, therefore, it is yet to be determined at trial as to which party is aggressor, till then the case of the applicants/accused requires further enquiry as contemplated under Section 497(2), Cr.P.C. He has further submitted that the injuries attributed to present applicants have not been declared by the medicolegal officer as dangerous and the injuries attributed to present applicants are on non-vital part of the body of injured persons. He has further submitted that in counter-case being crime No.166/2013 of P.S Ratodero the complainant party has been granted bail, therefore, the learned Counsel for the applicants while relying upon the case law reported in 1998 SCMR 1845 and 2010 P.Cr.L.J 379, has prayed for grant of bail to the applicants/accused.
Learned D.P.G., has opposed the grant of bail to the applicants/accused, on the ground that their names are appearing in the F.I.R and according to him they have played active role in the commission of the offence.
Heard the learned Counsel for the parties and perused the record.
There is no doubt that the names of the applicants are appearing in the F.I.R with allegation that at the time of incident accused Rehmatullah was armed with pistol, while accused Muhammad Bachal armed with lathi. According to the F.I.R, accused Rehmatullah fired at P.W Abdul Wahab, which hit him on his left leg, which is admittedly a non-vital party of body, but accused Rehmatullah did not repeat the fire, though the complainant party was completely at his mercy. It appears that accused Rehmatullah had no intention to kill Abdul Wahab. The injury attributed to this applicant has not been declared by the medicolegal officer as dangerous. The allegation against accused Muhammad Bachal is that he alongwith other accused caused lathi blows to P.Ws Abdul Wahab and Ali Jan. The allegation against accused Muhammad Bachal appears to be general in nature. Even otherwise the injury attributed to Muhammad Bachal has also not been declared as dangerous.
From the perusal of police papers it appears that there was some quarrel between the complainant and his cousin Abdullah over the matter of water, as such, it appears that the incident has occurred in spur of moment and due to this quarrel both the parties have registered cases against each other. From the record it appears that in the counter case being crime No.166/2013 of PS Ratodero, complainant party has been granted bail by the learned Additional Sessions Judge, Ratodero.
In my tentative opinion, counter-version arising from the same incident, one given by the complainant in F.I.R No.163/2013 of PS Ratodero and the other given in F.I.R No.166/2013 of PS Ratodero lodged by the parties against each other are covered for grant of bail on the ground of further enquiry as contemplated under Section 497(2), Cr.P.C. In such cases, normally bail is to be granted on the ground of further enquiry for the reason that the question as to which version is correct is to be decided by the trial Court. In this case challan has been submitted and the applicants are no more required for investigation. Further detention of the applicants in this case would not serve the purpose. As per challan-sheet, the present applicants/accused have been booked for the offences, for which the punishment do not fall within the prohibitory clause of Section 497, Cr.P.C except Section 324, PPC and the applicability of Section 324, P.P.C is to be determined at the time of trial, therefore, on this score the applicants have made out a case for bail. I, therefore, for the aforementioned reasons admit the applicants/accused to bail upon their furnishing solvent surety in the sum of Rs.25,000/- each and P.R bond in the like amount to the satisfaction of the trial Court.
JUDGE