BILAWAL Versus State

ORDER

FAHIM AHMED SIDDIQUI, J. ---Through the instant Criminal Bail Application, the Applicants/accused are seeking their relief on bail after arrest in a case FIR No.122 of 2019, under sections 147, 148, 149, 324, 337-A(i), 504/114 and 302, P.P.C. registered at Police Station Garden (South), Karachi.

2. As per allegation of the FIR, due to dispute regarding cricket match, which was playing in night Ramzan, a quarrel took place in which uncle of complainant namely Abdul Qayum sustained firearm injury, subsequently he succumbed to his injuries. Learned counsel for the applicants/accused submits that the applicants/accused are mistakenly nominated in the FIR due to which after investigation the police placed the names of present applicants/accused in column No.02 of the challan. He further submits that when the said fact came into the knowledge of the complainant he also exonerated the applicants/accused from the offence and has pardoned the applicants/accused. He submits that to this effect the complainant as well as son of deceased have filed their affidavits. According to him, the parties intend to file proper application for compromise before the trial Court but on account of 'Iddat' of the widow the application of compromise cannot be filed in near future. Learned counsel for the complainant verified this contention of the learned counsel for applicant. Complainant and son of deceased are present in Court, they have also stated that they have entered into compromise with the present applicants/accused only. Learned prosecutor submits that it would be proper for the parties to file the compromise before the trial Court.

3. I have heard the arguments advanced by the learned counsel for the Applicants/accused, learned counsel for the complainant, as well as learned prosecutor and have also gone through the material available on record.

4. The matter has been patched up between the parties and the names of the present applicants/accused have already been placed in column No.02 of the challan and such affidavits on behalf of the complainant and one of legal heir of deceased have been filed, which indicate about the fact of compromise between the parties, therefore, present applicants/accused namely Bilawal son of Bahadur Ali and Mushraf son of Muhammad Ashraf are admitted on bail subject to furnishing of surety in the sum of Rs.1,00,000/- (Rupees One Lac Only) each and P.R. Bond in the like amount upto the entire satisfaction of the trial Court.

5. Before parting, I would like to make it clear that if the applicants/accused after granting post arrest bail will not appear before the trial Court and the trial Court is satisfied that the applicants/accused become absconder and fugitive to law and trial, then the trial Court is fully competent to take every action against the applicants/accused and his surety including cancellation of bail without making a reference to this Court.

The bail application stands disposed of.

ADN/B-18/Sindh Bail allowed.