1. ' RAHMAT HUSSAIN JAFFERI, J.---This is a case of Haraba/dacoity with murder. The incident alleged to have taken place on 8-4-2003 at 6-00 p.m. On the bank of river Indus near Village Murad Ali Jatoi when 10 dacoits armed with deadly weapons like .K.Ks. Guns, rifles and hatchets reached the place of incident. The applicant was one of them. He was allegedly armed with hatchet. At the place of incident the deceased was grazing the cattle the dacoits challenged the deceased in order to take away the cattle. The deceased resisted, with the result accused Abdul Wahab fired at the deceased which hit him and he fell down. The other accused fired in the air. Thereafter the accused took away 20 cattle which were being grazed by the deceased.
2. ' I have heard the learned counsel for the applicant and learned A.A.-G.
3. ' The learned Advocate for the applicant has stated that nothing was secured from the applicant; that there is old enmity between the parties; that there is inordinate delay in lodging of F.I.R.; that the applicant did not participate in commission of offence.
4. ' Learned A.A.-G. Has opposed the grant of bail on the ground that the offence of Haraba and murder fall within the prohibitory clause of section 497, Cr.P.C. And the name of the applicant is mentioned in the F.I.R.
5. I have considered the arguments of learned counsel for the parties, gone through the material placed in the case and found that under the case of haraba/dacoity if 5 or more persons participate to commit the robbery then the offence is complete. In the present case 10 dacoits armed with K.Ks., guns, rifles and hatchets reached the place of incident and robbed 20 cattle which were being grazed by the deceased, when the deceased resisted then one of the accused Abdul Wahab fired at the deceased which caused his death. As such the offence of murder and Haraba/dacoity have been committed. Thus the applicant is equally responsible for the commission of Haraba/dacoity. The P.Ws. Have supported the prosecution case. After considering the material available on the record, I am of the view that there are reasonable grounds that the applicant is guilty of the offence which fall within the prohibitory clause under section 497, Cr.P.C.
6. Therefore he is not entitled to the concession of bail. The application is dismissed.