GHULAM ABBAS alias ABBAS and another vs THE STATE

ORDER

1. ' MRS. QAISAR IQBAL, J.---Applicants Ghulam Abbas alias Abbas son of Akbar alias Akan and Ranjho alias Ranjhan son of Muhammad Ibrahim have applied for bail under section 497, Cr.P.C. In Crime No,23 of 2006 registered at Police Station, Rukkan, District Dadu.

2. ' Precisely the facts leading to the bail application are that complainant Ghulamullah resident of village Gulo Wahan reported and alleging therein that there existed enmity between complainant and Abbas over agricultural land on 2nd March, 2006, he along with his brother Abdul Sattar, nephew Mazhar went to the lands to look after Chillies, at 8-00 p.m. They reached near the shop of co-accused Arbab and identified on torch-light to be one Abbas, Shahabuddin, both sons of Akbar alias Akan, Arbab, Rajho alias Ranjhan, both sons of Muhammad Ibrahim and Rasool Bux, all resident of village Gulo Wahan were standing there. Out of whom, applicant Abbas was carrying gun, Arbab was armed with pistol, Shahabuddin, Rasool Bux armed with lathies and Ranjho alias Ranjhan armed with hatchet. On the instigation of co-accused Rasool Bux, applicant Abbas fired from his gun at him, but he fell down and fire was missed, while co-accused Arbab tried to robe his licensed gun from him and complainant tried to apprehend Ranjho alias Ranjhan, who caused hatchet blow on his head, co-accused Rasool Bux abused complainant's brother Abdul Razak and nephew Mazhar, co-accused Shahabuddin caused lathi blow to him, while applicant Abbas forcibly robbed his licensed SBBL Gun bearing No,29796 of .12 bore and made aerial firing. The applicants' along with co accused went away abusing the complainant party.

3. ' Mr. Muhammad Iqbal Kalhoro, learned counsel for the applicants has pointed out to the station Diary No,17 dated 2-3-2006 lodged by complainant's nephew Gulsher that his uncle Ghulamullah had disclosed to him that Arbab Ali and others had quarrelled with him. He had sustained injuries caused on his head, upon which police issued a letter and victim was sent for medical examination. It is further urged by the learned counsel for the applicants that the injury caused to the victim was lacerated wound 6 c.m. x 2 c.m. x bone exposed on right side of forehead, the victim was examined by Medical Officer. Civil Hospital,. Dadu vide Letter No,18 of 2006. The Special Medial Board has opined that the injury Shajjah-i-Mudihah was not caused to the victim and that final MLC issued on 4th March, 2006 was incorrect. It is further contended that the allegations per se in the first information report are false, as the alleged robbed gun was not secured by Investigating Officer till this date, the opinion of the Medical Board about the injury sustained by the victim itself created serious doubt, which should be resolved in favour of the applicants.

4. ' Learned State counsel has stated no objection to the grant of bail in favour of the applicants.

5. I have considered the order of the trial Court, it appears that the trial Court was impressed by the order' passed in Criminal Bail Application No,231 of 2006, whereby the relief of pre-arrest bail was declined to the applicant Ghulam Abbas, it need not to emphasise that there are altogether different norms for granting bail before arrest and bail after arrest. The contention of Mr. Muhammad Iqbal Kalhoro is that final medical report stands cancelled by the Medical Board duly constituted itself belies the prosecution story and creates doubt, which speaks in volume about investigation conducted and ultimately applicants were challaned in the commission of crime. The alleged licensed gun was not recovered by the investigating agency. I am of the view that the case of the applicants require further inquiry as contemplated subsection (2) of section 497, Cr.P.C.

6. ' The upshot of the above discussion, the applicants are admitted on bail subject to furnishing solvent surety in the sum of Rs,100,000 (Rupees one hundred thousand) each and PR bond in the like amount, to the satisfaction of the trial Court.