NAZEER HUSSAIN Versus State
ORDER
MUHAMMAD IQBAL MAHAR, J.--- Through instant bail application, applicants who have been indicted in Crime No.131/2017 registered at Police Station Naushahro Feroze for offence punishable under sections 302, 324, 542, 147, 148, 504, P.P.C., seek pre-arrest bail after rejection of their bail by learned IIIrd Additional Sessions Judge, Naushahro Feroze vide order dated 01.11.2017.
2. Precisely prosecution case is that complainant Misri Khoso was student of LL,B and he had dispute with his uncle Ghulam Hussain Khoso over a plot and such civil suit was pending in the Court. Co-accused Ghulam Hussain and others used to issue threats to the complainant to withdraw the suit else he would not be spared. On 03.08.2017 at about 8.00 am complainant, his father Arz Muhammad and uncle Sahib Khan were present in the house along with inmates, in the meantime accused Ghulam Hussain armed with DBBL gun, Ghulam Mustafa with SBBL gun, Ghulam Hyder with pistol, Bukhshal and Ghulam Murtaza with hatchets, Ghulam Qadir with iron rod, Nazir Ahmed and Abdul Razaq alias Raju with lathis entered into the house. It is alleged that co-accused Ghulam Hussain challenged the complainant party that they would not be spared as they have not withdrawn the suit. Saying so accused Ghulam Hussain fired upon Mst. Ameeran, which hit her, accused Ghulam Mustafa fired at Arz Muhammad which hit him, accused Nazir Ahmed and others caused lathi, hatchet and iron rod blows to PW Sahib Khan and Arz Muhammad. The complainant party entreated the accused persons in the name of Holy Quran, thereafter the accused persons went away. The complainant shifted the injured to Hospital Naushahro Feroze but Mst. Ameeran succumbed to the injuries. After post-mortem and funeral of the deceased, the complainant went at Police Station and lodged the FIR.
3. Learned counsel for the applicants contended that the applicants/ accused are innocent and entire members of their family have been involved in this case due to enmity over plot; that there is unexplained delay of 14 hours in lodging the FIR, hence false implication after consultation cannot be ruled out; that the role of firing at deceased and injured Arz Muhammad is attributed to co-accused Ghulam Hussain and Ghulam Mustafa while there is general allegation against the applicants and co-accused that they caused lathi, hatchet and iron rod blows to PWs Sahib Khan and Arz Muhammad; that the medical certificate of Sahib Khan reveals that he received only two injuries, caused by hard and blunt substance, which have been declared as Shajjah-i-Khafifah; that applicant Ghulam Hyder was allegedly armed with country made pistol but no overt act has been assigned to him and no incised injury is shown in the medical certificates, therefore he prayed for confirmation of bail. He relied upon case of Dil Murad v. The State (2010 SCMR 1178) and Qurban Ali v. The State (2017 SCMR 279).
4. Conversely, learned counsel for the complainant opposed the bail application and submitted that the names of applicants/accused appear in FIR and specific role of causing injuries to PWs is assigned to them. He further submitted that the witnesses in their 161, Cr.P.C. statements have supported the version of FIR, therefore the applicants are not entitled for confirmation of bail. Learned counsel for the complainant relied upon case of Muhammad Mumtaz and 3 others v. The State (1987 PCr.LJ 2061) and Abdul Razak v. The State (2012 YLR 1432). Learned DPG adopted the arguments of learned counsel for the complainant.
5. Heard arguments and perused the record. The enmity has been admitted by the complainant in FIR and none from the locality has been cited as witness. The FIR of the incident was lodged after 14 hours of the incident and there is no plausible explanation on the record. As per prosecution case role of firing at deceased Mst. Ameeran and PW Arz Muhammad is attributed to co-accused Ghulam Hussain and Ghulam Mustafa respectively and there is general allegation against the applicants Nazir, Ghulam Qadir, Bakhshal, co-accused Abdul Razaq and two unknown persons that they caused lathi, hatchet and iron rod blows to PWs. Sahib Khan and Arz Muhammad but as per medical certificate of Sahib Khan, he received only two injuries, caused by hard and blunt substance, which have been declared as Shajjah-i-Khafifah and injured Arz Muhammad sustained two fire arm injuries. As per medical certificates of injured persons there is no incised injury. Applicant Ghulam Hyder was allegedly armed with country made pistol and Bakhshal with hatchet but no overt act has been assigned to them, hence participation of the applicants in the commission of offence is yet to be determined by the trial Court, therefore, I am of the considered view that the case against the applicants accused quires further inquiry as envisaged by 497(2), Cr.P.C. and mala fide has been shown on the part of complainant, hence they are entitled for confirmation of bail.
6. The facts of case law relied upon by learned counsel for the complainant are totally different while in the case law cited by learned counsel for the applicants honourable Supreme Court of Pakistan has granted bail in similar circumstances.
7. For what has been discussed above, I am of the considered view that the applicants accused have made out case for confirmation of bail. Accordingly instant bail application is allowed and interim bail granted to the applicants on 03.11.2017 is confirmed on same terms and conditions.
HBT/N-9/Sindh Bail confirmed.