1. ' SALMAN ANSARI, J.- This bail application has been moved on behalf of applicant/accused Sharif and Allah Dad both sons of Allah Ditto.
2. ' The prosecution case according to the F.I.R. Lodged by complainant Sikandar Ali Chandio is that his father Muhammad Saleh and Munawar Ali were going on motorcycle when on 18-8-2008 early in the morning at about 0630 hours at link road Phulji read diversion they saw the accused riding on two motorcycles. Upon seeing them Lakhmir gave hakal to the other co-accused not to spare them, Allah Dad fired directly from his pistol which hit Saleh on the left leg, Lakhmir caused barrel butt blow on the head of Saleh, Sharif caused pistol butt blow on left arm, Umar hit pistol butt blow to complainant's brother Munawar and Shabbir caused pistol Butt. Blow on the right arm of complainant's brother. The injured were taken to civil Hospital Hyderabad and thereafter on 21-8- 2008 at 1930 hours a complaint was lodged. Learned IIIrd Additional Sessions Judge Dadu rejected the bail of applicant/ accused Sharif on 16-6-2008 and of Allah Dad on 17-9-2008.
3. ' It is argued on behalf of applicant/ accused that there is a delay of 3 days without any plausible explanation in the lodging of the F.I.R. Though allegedly the accused was identified on the spot. The applicants/accused are in jail for more than one year. That the allegations against the applicant Sharif are that he caused pistol butt blow on the left arm of the complainant which is not a vital part of the body and the injury has been described as Shajjah-e-Mudihah and the Honourable High Court was pleased to grant bail to the accused Lakhmir who had alleged to have caused butt blow on the head of Saleh, placing reliance upon 1994 SCM R 2051 the learned counsel has prayed for bail.
4. ' Learned State Counsel has opposed the bail application.
5. ' Having heard the arguments. In this case accused have remained in custody for more than 1 year.
6. The case law relied upon shows that a gun shot injury on the ankle was found to be not on the vital part of the body and the Honourable Supreme Court had granted bail in the matter finding the injury to fall under section 337-F(ii) P.P.C. And not to fall within prohibitory A clause of section 497, Cr.P.C. Further accused Lakhmir was also alleged to have caused butt blow of his gun on the head of the injured Saleh but he was granted bail by High Court in Bail Application No,S-292 of 2008 by order dated 30-9-2008 in the following terms:-- "The injury allegedly caused by applicant, was declared to be Shajjah-i-Mudihah, which is not covered by prohibitory clause under section 497 Cr.P.C. The above mentioned delay of about 3 days in lodging the F.I.R, may also be taken into account, while deciding this bail application. Even though, as per F.I.R., the complainant party had reached at P.P Phulji 'Station immediately after the incident, and had obtained the letter for medical treatment, but still no plausible explanation could be tendered by the complainant, for waiting for so long or 3 days before registering the F.I.R. This extraordinary delay of 3 days in lodging the F.I.R. May leave a room for manipulation and after- A thought. The case of applicant may require further inquiry, as envisaged by the provision of section 497(2), Cr. P. C . Accordingly this bail application is allowed, and the applicant be released subject to furnishing solvent surety in the sum of Rs,50,000 and PR bond in the like amount to the satisfaction of the Trial Court."
7. ' In my opinion the same grounds would be available to the present applicants/accused. The delay in lodging the- F.I.R. Which under the facts and circumstances of the present case has not been satisfactory explained, making this case under the circumstances one of further inquiry. I therefore, allow this bail application. The applicants/accused Sharif and Allah Dad be released on bail upon their furnishing surety in the sum of Rs,50,000 each and PR bond in the like amount to the satisfaction of Trial Court.