1. ' Applicants Nisar Ahmed son of Saeed Khan and Ali Hassan son of Saeed Khan claim bail in a case bearing F.I.R. No,38 of 2004 registered at Police Station Bahoo Khoso for an offence under section 302 read with section 34, P.P.C. The bail plea of the applicants decided by the learned Sessions Judge, Jacobabad vide order dated 8-9-2004.
2. ' The prosecution story as unfolded in the F.I.R. Is that the complainant Wahid Bux Mari on 16-7-2004 along with his sons Hazoor Bux and Sulleman had gone to house of Mst. Sardar Khatoon the daughter of complainant who was married with accused Nisar Ahmed for the purpose of getting permission for transplantation. They met there with Habibur Rehman, Nisar Ahmed and Ali Hassan.
3. The complainant demanded permission of Mst. Sardar Khatoon when accused Habeebur Rehman told that they would not allow her and on that both the parties exchanged hot words. Thereafter Habibur Rehman took out T.T. Pistol from the folds of his Shalwar. He challenged complainant party not to approach, otherwise they would be murdered, at this he fired at Mst. Sardar Khatoon which hit her on her head, she fell down. Accused Nisar Ahmed and Ali Hassan aimed their T.T. Pistols. The complainant party directed them not to come near otherwise they would be done to death.
4. Accused Habibur Rehman made second fire at Mst. Sardar Khatoon which hit, her and also made third fire at her which too hit her. The complainant party being empty handed could not do due to scare. Thereafter, all the accused persons decamped from the scene of offence.
5. ' The investigation followed and in due course the applicants were sent up to stand trial in the Court of law.
6. ' I have heard the learned counsel for the respective parties and perused the record.
7. ' It has been contended by the learned counsel for the applicant that the case against his client is false who has been involved in this case in the background of enmity and suspicion. It has also been contended that the two applicants duly armed with T.T. Pistols emerged at the place of incident but no overt act is attributed to them. Besides this there is no other allegation against them. In that eventuality the counsel submits that it is a fit case where the applicant could be enlarged on bail.
8. ' Mr. Muhammad Ismail Bhutto learned State Counsel concedes to the above legal position and raised no objection if the bail is granted to applicants Nisar Ahmed and Ali Hussain.
9. ' Accordingly, bail is granted to applicants Nisar Ahmed and Ali Hassan provided they furnish solvent surety in the sum of Rs,2,00,000 (Rupees two lacs only) each and P.R. Bond in the like amount to the satisfaction of the trial Court.
10. ' Crl. Bail Application No,655 of 2004 stands disposed of.