1. ' By this order I intend to dispose of criminal bail application filed on behalf of applicant Guloo alias Gul Hassan in a case arising out of F.I.R. No,96 of 1999. Registered at Police Station Karampur, for an offence under sections 302, 324, 337-H/2, read with sections 147, 148, 149, P.P.C. The bail plea of the applicant Guloo alias Gul Hassan, was declined by the learned 1st Additional Sessions Judge, Jacobabad, vide order dated 24-5-2004.
2. ' The prosecution story as unfolded in the F.I.R. Is to the extent which is reproduced hereunder:-- "That some amount was outstanding against his brother Ali Nawaz of accused Guloo alias Gul Hassan who reside in the same house. On the day of incident complainant along with his brother Ali Nawaz, cousin's Jamal son of Soomar and Abdul Rehman son of Suhrab were available in their house. At about 8-00 a.m. Suddenly accused Guloo alias Gul Hassan carrying kalashnikov, Ali Hassan having gun, Nandhoo and Hussain Bux both son of Sulleman having guns, Dhani Bux son of Budho having kalashnikov all by caste Nidwanis came there and accused Gul Hassan stated that his amount was outstanding against Ali Nawaz therefore, he would take away his buffalo and he tried to take buffalo on which Ali Nawaz restrained him from taking buffalo. In the meanwhile accused Gul Hassan fired a burst of kalashnikov at Ali Nawaz which hit him on head while accused Dhani Bux also fired from gun at Ali Nawaz which also hit him on his left side. Then all the accused fired at complainant party but they warded off the fire by falling on the ground and the fire of Ali Hassan hit to Mst Amirzadi who was standing adjacent to the house of complainant and Mst.
3. Ameerzadi also received injuries on her shoulder. Thereafter, all the accused ran away making fires in the air. Then complainant party saw that Ali Nawaz had injuries and he had died at the spot.
4. Then complainant went to Police Station Karampur where he lodged the F.I.R."
5. ' The investigation followed and in due course the applicant was sent up to stand trial in the competent Court of law.
6. ' I have heard learned counsel for respective parties and perused the record.
7. ' It has been contended by the learned counsel for the applicant Guloo alias Gul Hassan that the case against his client is false who has been involved in the background of enmity and suspicion. It has been further contended that the applicant claims bail on two grounds i,e, the case is covered by a hardship inasmuch as the applicant has remained in custody for a period of four years nine months and nine days and an other ground taken by the learned counsel for applicant is minority.
8. According to the learned counsel for the applicant, he was minor at the time of incident, the age of applicant was shown as 12 years '9 months and 15 days. The copy of school leaving certificate has been annexed along with this application.
9. ' As against the arguments of the learned counsel for the applicant it has been contended by Muhammad Ismail Bhutto, that he will oppose the grant of bail on the ground that the case has proceeded and the evidence of the material witnesses namely complainant Shahnawaz, as well as P.Ws. Abdul Rehman son of Mehrab and Jamal son of Soomar have been examined as eye- witnesses, and evidence of Mashir Usman, for all purposes was also recorded. In this background, learned counsel for State submits that it is not a fit case where the applicant Gullo alias Gul Hassan be released on bail.
10. ' For what it has been discussed above I am of the considered opinion that learned counsel for applicant has been able to make out a case for bail, on the ground of hardship as according to learned counsel he has remained in custody for four years, nine months and 9 days, the concession of bail is therefore, extended to applicant Guloo alias Gul Hassan, provided if he furnishes surety in the sum of Rs,2,00,000 (two hundred thousand) and P.R. Bond in the like amount to the satisfaction of Additional Registrar of this Court.
11. ' The B.A. No,534 of 2004, stands disposed of.