1. ' FARRUKH ZIA G. SHAIKH, J.--- This application under section 497, Cr.P.C. Has been filed on behalf of applicant Abdul Rehman alias Achar Noonari, for grant of bail, who is required in Crime No,93 of 2006 Police Station Sarhad, registered for offence under sections 302, 324, 337-H(ii), 34, P.P.C.
2. ' Briefly the facts are that the case was initiated on the F. I. R. No,93 of 2006 lodged by complainant Ali Sher son of Khamiso Noonari on 21-10-2006 at 16-40 hours stating therein that deceased Gulsher was his brother. On the day of incident viz. 21-2-2006 complainant along with his brother Gulsher was coming towards the village Pir Attaullah Shah to look after his land. When at about 1600 they reached near Mathelo Road towards Pir Attaullah Shah, they saw accused persons namely Abdul Rehman alias Acher (applicant) armed with rifle whereas accused Sarfraz alias Acher armed with gun while accused Ali Nawaz alias Khalid armed with T.T. Pistol and one unidentified person. Applicant Abdul Rehman and co-accused Ali Nawaz fired from their respective weapons, which hit Gulsher on his neck and left arm. On the cries of complainant Muhammad Ismail, Allah Bux and Habibullah Noonari came there. In the meantime, accused Sarfraz also fired with his gun upon the complainant, he saved himself and then the unidentified accused caused Lathi blows to the complainant on his head, which hit him on the right side of forehead. This incident took place because of that few days earlier there was a dispute between applicant Abdul Rehman alias Acher and complainant party on matrimonial affairs and landed property. Deceased Gulsher died on the spot. Hence the F.I.R. As stated above, was lodged.
3. ' During the course of investigation police arrested co-accused Sarfraz and Ali Nawaz while the present applicant Abdul Rehman alias Achar was shown as absconders in the challan and thereafter he was arrested on 10-3-2008.
4. ' The bail application, on behalf of applicant Abdul Rehman alias Achar, was moved in the Court of learned IInd Additional Sessions Judge, Ghotki and the same was declined vide order, dated 10-3- 2008 passed by the learned IInd Additional Sessions Judge, Ghotki. Now, he has therefore, approached this Court with the same prayer.
5. ' Firstly, Mr. Mushtaq Ahmed Shahani, learned counsel appearing on behalf of the applicant has contended that applicant is suffering from Hepatitis "C" and his further remaining in jail will not be good for his health as his disease is detrimental to his life. In support of above contention, he has placed such medical record. Secondly, he has contended that prosecution witnesses namely Ismail, Allah Bux and Habibullah have filed their affidavits, exonerating the applicants and other co- accused from the charge and it has clearly been stated by them in their affidavits that they were available in their houses and on hearing fire shots, went outside and saw the dead body of deceased Gulsher lying on the ground and they have not seen any one of them (applicants and co-accused) while committing the murder of deceased Gulsher, nor the applicant and co- accused were seen at the place of Wardat by them. In the last, he has requested that the applicant may be released on bail. In support of above contention, he has placed reliance on the case-law reported as Abbas v. The State 2000 SCM R 212.
6. ' On the other hand, Mr. Muhammad Iqbal Mahar, learned Assistant Advocate-General Sindh, appearing on behalf of the State, has opposed the application and has argued that applicant Abdul Rehman was examined and from medical report it appears that he is suffering from compensated Chronic Liver Disease (HCV) and at present the disease is not detrimental to his life, and if proper treatment is given to him, there are chances of his improvement. He has further argued that the applicant is involved in a murder case and mere filing of affidavits by the prosecution witnesses, does not make the applicant entitled to bail.
7. ' I have heard the arguments of the leaned counsel appearing for the parties at full length and have also perused the record with their assistance.
8. ' Learned counsel appearing for the applicant has pressed this application mainly on medical ground.
9. As per medical report, the applicant is suffering from Chronic Liver Disease due to Hepatitis "C". The learned trial Court while declining bail to the applicant did not take into consideration, that the said disease is infectious. Further, according to the order of learned trial Court, the prosecution witnesses have filed their affidavits, exonerating the applicant and co-accused from the charge, stating therein, that they have not seen the applicant and co-accused while committing the murder of deceased Gulsher nor the applicant and co-accused were present at the place of Wardat and further they have stated that they were available in their houses and on hearing a fire shot went out side and saw the dead body of deceased Gulsher lying on the ground. The case-law referred to above, fully supports the case of the applicant. Though, the learned Assistant Advocate- General while defending the State has opposed to the grant of bail, but has not been able to controvert the contentions raised by the learned counsel appearing on behalf of the applicant.
10. ' Keeping in view the above facts and circumstances of the case, the case-law cited above and the serious nature of the ailment, I allow this application and grant bail to the applicant. He shall be released subject to his furnishing solvent surety in the sum of Rs,2,00,000 (Rs, two lac only) and P.R.
11. Bond in the like amount to the satisfaction of the learned trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.