1. ' ABDUL RASHEED KALWAR, J.---By this common order I want to dispose of the above Criminal Bail Applications. Bail Application No,25 of 2008 is filed by applicant Muhammad Nawaz alias Jabal whereas Criminal Bail Application No,464 of 2008 is filed by Pehalwan alias Shamas alias Shamsuddin as both the applicants are facing charge under sections 302, 364, 147, 148, 149, P.P.C.
2. Before the Court of Additional Sessions Judge (Hudood) Sukkur vide sessions Case No,20 of 2003, based on F.I.R No,116/2002 Police Station Abad Sukkur.
3. ' The complainant Sahib Dino son of Bagh Ali Jamali had lodged F.I.R. At P.S. Abad on 20-11-2002 at 1900 hours in respect of an incident having taken place on 10-11-2002 at 2000 hours. The complainant has stated 'that Qadir Bux son of Rasool Bux Jamali aged about 30 years was his son- in-law. One Allah Warrayo son of Akhwan Jamali had levelled the allegation of karap on Qadir Bux with his wife Mst. Haseena and killed her. Such Faisla was held by Sardar Rustam Khan Jamali and as per Faisla complainant's son-in-law Qadir Bux had to pay Rs,1,20,000 out which he paid immediately Rs,70,000 and remaining Rs,150,000 (miscalculated) were to be paid to Naurez Khan Jamali as per the order of Sardar Rustam Khan Jamali; on 15-11-2002 at his house at Karachi and later on Naurez Khan would hand over the money to Allah Warrayo Jamali. On 12-11-2002 at about 6-00 p.m. Complainant was sitting in his house and his maternal grand children each Khadim Hussain son of Hazoor Bux and Imtiaz son of Suleman Jamali came there and told the complainant that. Qadir Bux Jamali along with them left house on 10-6-2002 at 6-00 p.m. For handing over the amount of Rs,1,50,000 to Naurez Khan Jamali at Karachi. At Sukkur bus stand Qadir Bux disclosed that he had to go for condolence to his friend in Behar Colony Sukkur thereafter they proceeded towards the house of friend on foot where they found white colour Dastum parked. From the said vehicle accused each Muhammad Nawaz alia Jabal son of Amir Bux armed with gun, Murad son of Amir Bux armed with pistol Pehalwan alias Shams son of Rano Jamali armed with gun, Khan son of Allahwarrayo Jamali armed with gun, Mst. Haseena w/o Ali Bux r/o Hyderabad and three unidentified persons dressed in black cloths with open faces armed with gun were standing. They on the show of fire armed made Qadir Bux and grand-children of complainant to sit in the Dastam, and proceeded towards Karachi. The hostages remained silent due to fear of weapons but at 2-00 a.m. When they reached near Nooriabad rocks they stopped the Dastam and disembarked the hostages. Accused Muhammad Nawaz alias Jabal and Mst. Haseena declared that Qadir bux was their karo and they would kill him and asked two grand-children of complainant to go away. The money was also with Qadir Bux. The accused took Qadir bux to some unknown place. Grand children of complainant went to Karachi and narrated the fact to their relatives. Baboo Jamali and returned back to Sukkur where they wanted to narrate the fact to Nawab but he was not available and when he came back, he advised for lodging of F.I.R, Then F.I.R. Was lodged.
4. ' It is pertinent to mention here that accused Pehalwan had remained unsuccessful in getting bail from trial Court on 10-8-2003 and 15-5-2004 and approached this Court for bail but his bail plea did not find favour with this Court and Mr. Justice Ghulam Rabbani (As he was then) had been pleased to dismiss the bail application vide order dated 25-2-2005. Once again accused Pahalwan approached the trial Court for bail which also met with the same fate vide order dated 8-4-2006. After recording of evidence of 3 prosecution witnesses and one mashir fourth bail application was also moved by Pehalwan before trial Court but that was also dismissed vide order dated 21-8-2007. Thereafter this application has been moved by accused Pehalwan. Applicant Muhammad Nawaz alias Jabal and submitted his bail application before trial Court on 18-9-2004 which was dismissed on 19-10-2004 for non-prosecution. The second bail application was moved by applicant Muhammad Nawaz on 16-3-2006, which was dismissed on merits on 30-3-2006. Third bail application submitted by accused applicant Muhammad Nawaz was dismissed on 5-4-2006.
5. The prosecution had examined the complainant, three witnesses and one mashir, then one co- accused Murad was arrested. Resultantly the trial Court amended the charge. Since then no evidence has been recorded.
6. ' Learned counsel for the applicant Muhammad Nawaz alias Jabal states that there is delay of 10 days in lodging of F.I.R without any plausible explanation. He has drawn my attention towards photo copy of F.I.R No,14/1992 Police Station Abad and F.I.R No,18/2000 Police Station Qasimabad Hyderabad lodged by Mst. Haseena against deceased Qadir Bux and co-accused Murad. The purpose of showing these F.I.Rs by learned counsel for the applicant is that there is enmity between applicant/accused and complainant as the deceased had killed the daughter of complainant. On the ground of hardship he states that the applicant was arrested on 10-5-2003 and after amendment of charge there is no progress in trial and such delay is not on the part of the applicant, therefore he prays that bail may be granted to the applicant. So far accused Pehalwan is concerned he was arrested on 14-5-2003 and applicant Pehalwan is pressing the bail plea on the ground of old age. Mr. Zulfiqar Sangi advocate for this applicant has filed photo copy of NIC and original thereof has also been shown to Court and returned. This shows the date of birth of applicant Pehalwan as 1944 as such apparently the applicant is aged about 66 years.
7. ' Learned A.A.G. Has opposed the grant of bail on merits but has conceded the bail on the ground of hardship.
8. Without touching merits and demerits of the case as the same have been thoroughly dealt with by this Court in previous orders and in view of no objection raised by A.A.G. And ground of hardship and the ground old age available to applicant Pehalwan. The applicants are behind bars for more than five years and conclusion of trial is not expected in near future. Pehalwan is also entitled to bail on ground of old age. Accused cannot be detained indefinitely. I grant them bail on furnishing surety in the sum of Rs,2,50,000 (Rupees Two Lac and Fifty Thousand) each and P.R bond in the like amount to the satisfaction of trial Court.