1. ' By this order I intend to dispose of criminal bail application in which applicant Lalchmir Kurio has sought bail in Crime No. 56 of 2003 of Police Station Ratodero for an offence under sections 302, 324, 148, 149, 120-B, P.P.C. The bail plea of applicant was declined by the trial Court vide order, dated 13-8-2004.
2. ' The allegation against the present applicant is that on the day of incident applicant Lakhmir Kurio duly armed with rifle along with 8/9 co-accused having deadly weapons in their hands entered into the house of complainant and he along with co-accused Akbar with their rifles straightly fired at mother of complainant Mst. Allah Rakhi which hit on her chest resultantly she was injured at their hands.
3. ' After registration of F.I.R. The investigation followed and in due course the applicant was arrested and sent up to stand trial.
4. ' I have heard learned counsel for the respective parties and perused the material brought on record. It has been mainly contended by the learned counsel for the applicant that there are general allegations of causing fire-arm shots at P.W. Mst. Allah Rakhi against applicant Lakhmir and co-accused Akbar that they conjointly fired at her but no specific injury has been assigned to applicant Lakhmir. It is further contended by the learned counsel that name of co-accused Akbar has been placed in Column No.2 who has been assigned similar role in the F.I.R. As to the present applicant which shows that investigation agency has not believed the version of complainant. He has also argued that Medical Officer has mentioned in his report that injury received by Mst. Allah Rakhi was caused by means of one shot while it is the case of prosecution in the F.I.R. That present applicant along with co-accused Akbar fired conjointly at Mst. Allah Rakhi which hit her. This creates doubt in the prosecution case and benefit whereof should go in favour of accused. In view of the above submissions learned counsel for the applicant has insisted that in this case it is yet to be determined at the trial that out of two accused as to who caused the alleged injury requires adjudication. In support of his submissions he has relied upon cases reported in 1980 SCM R 784, 1999 M LD 1033 and 2002 PCr.LJ 494.
5. ' Learned State Counsel has opposed the grant of bail on the ground that he was present at the scene of offence and named in the F.I.R. Duly armed with rifle and used the same causing injury to the P.W. Mst. Allah Rakhi.
6. For what it has been discussed above, I am of the considered opinion that at this stage, learned counsel for the applicant has been able to make out a case for bail which is granted provided he furnishes solvent surety in the sum of Rs.200,000 and P.R. Bond in the like amount to the satisfaction of trial Court. Criminal Bail Application No.565 of 2004 stands disposed of.