1. ' FARRUKH ZIA G. SHAIKH, J.---Applicant Munawar alias Munoo Siyal has filed this Application under section 497, Cr.P.0 seeking bail, who is wanted in F.I.R. Crime No,61 of 2005 registered at Police Station, Muhabatdero, Taluka Kandiaro, District Naushahro Feroze, in respect of offence under sections 302, 324, 34, P.P.C.
2. ' In brief the prosecution story is that the case was initiated on an F.I.R. Lodged at the instance of Ghulam Rabbani alias Zahid Hussain Siyal Complainant on 26-9-2005, stating therein that they are Zamindar by profession. They are seven brothers Ghulam Mustafa, Ghulam Shabeer, Ghulam Murtaza, Abdul Hameed, Ghulam Hadi and Ghulam Hyder and two sisters and mother. Ghulam Muhammad father of Complainant aged about 70 years used to, reside with them and all family members used to reside in one and the same house. It is stated in the F.I.R. That in the year 2005 accused Majid and others had committed murder of his (Complainant) nephew Ghulam Kabeer, in which, Munawar alias Munoo alias Munawar Hussain (Applicant) was convicted and he used to issue threats to the Complainant party. On 25-9-2005 all the family members were available in their house when at about 5 pm complainant heard cries of his father from his room, on which, they woke-up and rushed towards the room of their father, where they saw and identified Munawar alias Munoo (Applicant) having blood stained big Knife (KAATI), accused Muslim having T.T Pistol in his hand standing over his father, who was lying at the prayer place in an injured condition. Both the accused prevented Complainant party from coming near and due to fear did not go near him.
3. Munawar alias Munoo (Applicant) asked the Complainant party that by pursuing the case they have got his brothers convicted, therefore, he has taught a lesson to them saying so Munawar alias Munoo (Applicant) threw down KATTI and thereafter both the accused by climbing over the wall went away. They raised cries on which villagers and neighbourers as well as brothers each Ghulam Murtaza, Abdul Hameed and Hadi Bux saw the same and identified that Munawar alias Munoo went and met with accused Masroor Unner having Kalashinkov and other unknown person having gun, was sitting on the driving seat of the Car parked there. On seeing them they immediately boarded in the Car and went towards eastern side. Thereafter they all returned back to their house and saw that their father had injuries is on his left side abdomen (KUKH) with sharp cutting substance and was in a serious condition, but only gave dying declaration at "Munawar alias Munoo (Applicant) while causing a sharp substance blow has assured him and after saying so he became conscious. Thereafter injured was taken for the first aid to Police Post, Khanwahan and after receiving letter for treatment in emergency, the injured was referred to Kandiaro Hospital, wherefrom he was referred to L.M.C Hospital, Hyderbad, Jamshoro, where on 25-9-2005, he expired.
4. Hence the F.I.R. Was lodged.
5. ' Mr. Ghulam Muhammad Khan Durrani, learned Counsel appearing on behalf of the applicant has moved bail plea on the ground of hardship. He has argued that the applicant is innocent and has been falsely involved in this case due to enmity. He has also argued that at the first instance NC was lodged, which does not disclose the name of present applicant, thereafter the complainant lodged the F.I.R., which is the result of previous enmity. He also argued that the applicant is in Jail since last more than three years and the prosecution is going to linger on the matter and has failed to produce witnesses, as such there is no delay on the part of applicant, therefore, the applicant cannot be kept in Jail for an indefinite period as a punishment when there is no progress in the trial. In support of above contentions, he has relied upon the case of Imran alias Gogi v. The State 2004 PCr.LJ 1630 and Abdul Waheed v. The State 2005 M LD 802 and requested that applicant may be released on bail.
6. ' Mr. Agha Ather Hussain, learned Assistant Advocate General Sindh appearing on behalf of the State has opposed the grant of bail on the ground of hardship and the delay.
7. ' I have heard the arguments of Mr. Ghulam Muhammad Khan Durrani, learned Counsel appearing on behalf of the applicant and Mr.Agha Ather Hussain, learned Assistant Advocate General Sindh appearing on behalf of the State and with their assistance I have also gone through the material placed on record.
8. It is an admitted position that enmity is going on between the parties. It has also been noticed that in this case, the applicant is behind bars since last more than three years and there is no progress in the trial, therefore, he cannot be kept in Jail for an indefinite period as a punishment. In these circumstances of the case, I would grant bail to the applicant since right to a fair and efficacious trial is the fundamental right of all citizens.. He shall be released from jail subject to furnishing surety in the sum of Rs,300,000 (Rs,three hundred thousand) only and P.R. Bond in the like amount to the satisfaction of the learned trial court.
9. ' Bail Application stands disposed of in the above terms.