1. ' By this order, I propose to dispose of criminal bail application filed on behalf of applicants Punhal Jakhrani, Taj Muhammad Brohi and Rahim Bux alias Mocharo Marhato in a case bearing Crime No,51 of 1999 Police Station Bahoo Khoso for an offence punishable under section 460, P.P.C. The bail plea of the applicants was declined by the learned 1st Additional Sessions Judge, Jacobabad vide order, dated 11-6-2003.
2. ' The facts germane to the prosecution story are that on the eventful day i,e, 11-10-1999 complainant Shafi Muhammad Sundrani appeared at Police Station Bahoo Khoso, District Jacobabad and lodged an F.I.R. The details whereof are disclosed hereunder:-- "It is the complaint that, I, alongwith my brother Nazar Muhammad nephew Khuda Bux son of Nazar Muhammad and cousin Muhammad Malook son of Shah Muhammad, is residing in village Naseer Khan Sundrani. We own cattle, and our house is surrounded with Katcha built little wall. Last evening my maternal-cousin Manzoor son of Taj Muhammad Sundrani resident of Bahar Sundrani had come to our house with some work, then we after taking meals, as usual, went to sleep on separate cots, while tethering the cattle in the courtyard of the house. At about 1-00 a.m. In the night, on the barking of dogs, I, my brother Nazar Muhammad, Khuda Bux, Manzoor and Muhammad Malook woke up, then I and my maternal-cousin Manzoor flashed the torch, on which we saw and identified accused Punhal son of Jalal Jakhrani, resident of Razi Jakhrani (2) Rahim Bux alias Macharo son of unknown Marhato, resident of Shahi, (3) Taj Muhammad alias Taju son of Jaffar Brohi, resident of Sher Ali Brohi having kalashnikovs (4) Ismail son of Muhammad Ali (5)
3. Muhammad Saleh son of Jaffar Brohi residents of Sher Ali Brohi and two unidentified persons having guns, unidentified persons have been seen by us very well and will be identified if seen again, they were standing near the cattle, we raised cries of "Chor Chor" in the meantime my brother Nazar Muhammad went near the thieves, in the meanwhile accused Punhal, Taj.
4. Muhammad alias Taju straightly fired with kalashnikovs at my brother Nazar Muhammad who fell down by raising cry, in the meantime rest of accused gave Hakals to us and kept their weapons straight upon us and asked that do not come near them and we due to fear and being empty- handed did not go near them, then accused persons went away by climbing over eastern side wall, then we went and saw my brother Nazar Muhammad having fire-arm shot at his head which was through and through, he was bleeding and died. Then due to odd hours, we remained there, and now by leaving my nephew Khuda Bux, cousin Muhammad Malook and Marot Manzoor over the dead body. I have come to report that abovementioned accused came with intention to commit theft and on our woke up and on coming of my brother Nazar Muhammad to them, accused Punhal and Taj Muhammad alias Taju with their kalashnikovs have straightly fired at him and have committed murder of my brother Nazar Muhammad. I am complainant, justice may be done."
5. ' The investigation followed and in due course the applicants were sent up to stand trial in the Court of competent jurisdiction.
6. ' I have heard the learned counsel for the respective parties and perused the record. It has been contended by the learned counsel for the applicants that the case against his clients namely Punhal Jakhrani, Taj Muhammad and Rahim Bux alias Mocharo Marhato is false and they have been involved in the background of enmity and suspicion. It has also been contended by the learned counsel that the charge was framed on 25-1-2002, but thereafter the case has not proceeded. The perusal of the order in the diary sheet shows that they are not responsible for causing delay in trial of the case. He has further submitted that the applicant had remained in custody as UTP for three years, 7 months and 8 days, but not a single witness has been examined by the trial Court. Learned counsel in that eventuality submits that it is a clear case of hardship and the applicants are entitled for bail. He has referred to the cases of unbroken line of decisions namely Abdul Hameed v. State 2003 M LD 19, Behram v. State 2003 PCr.LJ 73 and one unreported order of this Court viz. Criminal Bail Application No,305 of 2003 re: Jhur Jatoi v. State in support of his contentions.
7. ' Learned counsel appearing on behalf of the State concedes to the above legal position and raised no objection for the gran7t of bail.
8. ' What it has been discussed above, I am of the considered opinion that the learned counsel for the applicants Punhal Jakhrani, Taj Muhammad Brohi and Rahim Bux alias Mocharo Mahato has been able to make out a case for bail. Consequently, the application is granted and the applicants are directed to be released on bail provided they furnish sureties in the sum of Rs,Two Lacs each and P.R. Bond in the like amount to the satisfaction of the trial Court.
9. ' Criminal Bail Application No,337 of 2003 stands disposed of.