1. ' By this order I propose to dispose of this Criminal Bail Application filed on behalf of the applicant.
2. Sajjan, in a case bearing F.I.R. No.10 of 2003 registered with Police Station Jhallo, District Dadu for offences under sections 302, 324, 148 and 149, P.P.C.
3. ' The bail plea of the applicant was declined by the learned Sessions Judge, Dadu vide order dated 2-1-2004.
4. ' The prosecution story as unfolded in the F.I.R. Is that on 28-7-2003 at about 11-45 p.m.
5. Complainant Ali Akbar set the law into motion by lodging F.I.R. At Police Station Jhallo, District Dadu, alleging, inter alia, that on the eventful day while he alongwith his brother Ameer Bakhsh was present in the house. Habibullah, Qurban, having rifles, Aft Khan, Zulfiqar, Qurban, Latif, all by caste Bhand and three unknown persons, having guns, formed unlawful assembly in furtherance of their common object in front of his house. It is further, disclosed in the F.I.R. That when the complainant came out of the house and enquired from Habibullah Bhand of their standing in front of his house, he replied that last night his buffalo was stolen by six unknown thieves from his cattle pond situated in Buth Muhallah, Dadu and foot prints of thieves and hoof marks of theft buffaloes were missing in front of the house of the complainant. However, the complainant tried to understand the culprits that the hoof marks of their buffaloes did not appear towards his house and they had formed unlawful assembly without any purpose in order to malign the complainant party. After saying so, the complainant went away and sat with Ameer Bakhsh. Sajjan son of Muhammad Bux and relatives Punhal and Ghaji Khan in husking factory adjacent to their house. At evening time at about 5-00 p.m. While Sikandar alias Kaloo aged about 20-21 years was grazing their buffaloes towards the western side of the house of Khuda Bux Chandio, the complainant party saw that Habibullah Bhand and his father above named accomplices tried to take away the buffalo from Sikandar alias Kaloo forcibly. The complainant rushed to the spot and gave hakals consequence whereof Habibullah opened fire from his rifle directly over Sikandar alias Kaloo with intention to commit his murder and the fire shot hit him on his lumber region and he fell down raising cries whereas Qurban fired from his rifle straightaway upon brother of the complainant Ameer Bakhsh which hit on his head and he fell down. Rest of the accused made fires from their guns respectively over the complainant party with intention to commit their murder but could save their lives on account of their being fallen down. All the culprits, thereafter, went away towards western side by making firing. The complainant party found Sikandar alias Kaloo lying dead whereas Ameer Bakhsh was seriously injured. Subsequently, the complainant with the help of the above named P.Ws.
6. Brought the dead body of the deceased and injured Ameer Bakhsh to Civil Hospital, Dadu from where Ameer Bakhsh was taken to Hyderabad for treatment but in the way he also died. The complainant, thereafter, appeared in the concerned Police Station where F.I.R., as above, was registered.
7. ' The investigation followed and in due course the applicant alongwith other co-accused was sent up to stand trial in the Court of law.
8. ' I have heard Mr. Abdul Rasool Abbasi, learned counsel for the applicant and Mr. Anwar A. Ansari, learned counsel for the State.
9. ' It has been contended by the learned counsel appearing on behalf of the applicant that the applicant is innocent and has falsely, been implicated in this case. It has, further, been contended that the contents of the F.I.R. Themselves reveal that no case is made out against the present applicant inasmuch as neither the name nor any description or features are mentioned in the F.I.R.
10. It has, further, been contended that the role of straightaway firing causing alleged murder of Sikandar alias Kaloo and the injuries, allegedly caused to Ameer Bukhsh, are attributed to co- accused Habibullah and Qurban whereas if the version of the prosecution is believed, the role attributed to the applicant is only to the extent of ineffective firing. It has, also, been contended that there is delay of six hours in lodging F.I.R. Which has not been plausibly explained by the prosecution. It has, also been contended by the learned counsel for the applicant that the name of the applicant was inserted in the challan at the belated stage at the instance of prosecution witnesses namely Ghaji Khan, Punhal and Sajjan son of Muhammad Baksh. It has, also, been contended by the learned counsel that no incriminating article, connecting the applicant with the commission of the alleged crime, has been recovered from him. Moreover, besides the fact that co-accused Zulfiqar, Qurban and Ali Khan have been left over by the police under section 497, Cr.P.C. No identification test of the applicant had been held before any Magistrate through complainant or any of the prosecution witnesses. On all these scores, learned counsel, for the applicant has contended that it is a fit case where the Court can extend benefit of bail to the applicant relying upon section 497(2), Cr.P.C.
11. ' On the other hand, learned counsel appearing on behalf of the State has opposed the grant of bail on the ground that the eye-witnesses have named the applicant as one of the culprits of the offence of heinous nature.
12. ' I have perused the record, considered the arguments, advanced by the learned counsel for the applicant as well learned counsel appearing on behalf of the State and have also gone through the laws, cited at the bar.
13. Admittedly, neither the name, description or features of the applicant find place in the F.I.R. The applicant has been involved in the present case on the disclosure of the prosecution witnesses in their statements, recorded under section 161, Cr.P.C. At the belated stage. Moreover, there is admitted fact that nothing incriminating has been secured from the possession of the applicant.
14. Furthermore, it is also a matter of record that co-accused Zulfiqar, Qurban and Ali Khan have been released on bail by police and following the principle of consistency the applicant is also entitled to the grant of bail.
15. ' In the circumstances, I am of the considered view that applicant, Sajjan, has been able to make out a case for bail which is granted to him subject to his furnishing surety in the sum of Rs.2,00,000 (two lacs) and P.R. Bond in the like amount to the satisfaction of the trial Court.
16. ' Criminal Bail Application No.43 of 2004, stands disposed of.