SADDERUDDIN Versus STATE

ORDER

1. The F.I.R. in this case was recorded as Crime No.7/92 of Police Station Gaheja, District Shikarpur on 3-2-1992 under sections 457/380, P.P.C. and 324, Qisas and Diyat Ordinance. According to the F.I.R. The complainant woke up at mid-night on the barking of dogs and saw that his two buffaloes were missing. The complainant then took along Haji Dost Ali, Muhammad Ibrahim, Imdad, Shahzado and tracked the footprints. He noted that there were three naked footprints of three person alongwith the hoof marks. When the complainant and the tracking party reached near the link road they saw in the torchlight applicant Sadruddin alongwith the stolen buffaloes. He was armed with gun and his two other accomplices who were not known to the complainant were said to be armed with hatchets. The complainant party challenged the thieves whereupon the applicant fired upon them with the result that all the four members of the complainant party were injured by pellets. The thieves abandoned the stolen buffaloes and managed to run away. The challan of the case was put up in the Court on 12-12-1992 in which the applicant and others were shown as absconders. Subsequently the applicant was arrested on 21-1-1993 and fresh challan was submitted on 31-1-1993. Evidently, this case has yet to proceed in the trial Court. Learned trial Court dismissed the bail application on 9-2-1993 after holding that the abscondence of the accused was a strong circumstance against him, and that the injuries on the complainant party, even though they were simple, did not make any difference because the intention of the applicant is to be seen. It is, however, yet to be determined what the intention of the applicant may have been because it may well have been to prevent the complainant party from apprehending him. Under the circumstances, I am of the view that the applicant is entitled to be released on bail and I would, therefore, grant bail to the applicant in the sum of Rs.75,000 and P.R. bond in the like amount to the satisfaction of Sessions Judge, Shikarpur.

2. N.H.Q./S-1057/K Bail allowed.