' KHADIM HUSSAIN M. SHAIKH, J.---The applicant Abdul Haleem Shabrani has sought bail in Crime No,6 of 2008 of Police Station, Warah, for offence under sections 302, 364, 458, 337-H(2), 148, 149 and 114 P.P.C., after his bail plea advanced before the learned trial Court that is to say learned Court of Additional Sessions Judge, Kamber was declined vide order dated 23-6-2008.
2. The allegation against the present applicant is that in the background of previous enmity, on 8- 1-2008, at 1900 hours the present applicant Haleem along with four others, named in the F.I.R. All duly armed with Kalashnikovs entered into the house of complainant and overpowered the complainant and his two brothers namely, Madad Ali and Manthar, his son Mehran aged of 15/16 years, who were having meals. Out of the accused, it was co-accused Mour, who instigated other accused saying that previously they had killed his father Ghulam Mustafa, therefore, abduct mehran for killing him, on which all the accused by dragging complainant's son Mehran abducted away him. Then the complainant party with torches went behind the accused by beseeching them to leave Mehran. The accused made aerial firing to scare the complainant party. Then they stopped outside the village near the land of Khair Muhammad Tunio, where on the instigation of co-accused Mour, all other accused made straight firing from Kalashnikovs at complainant's son Mehran which hit him, who raising screams fell down and accused escaped the scene. The complainant party saw that Mehran had died, receiving firearm injuries on various parts of his body. Leaving the above P. Ws. To look after the corpse, the complainant rushed to his nekmard Muhammad Yousif Shabrani, who was away to Karachi and in the morning he reached, on whose advice the complainant appeared P.S. Warah and lodged his report to the above effect.
3. After investigation the applicant was sent up to stand his trial.
4. Learned advocate for the applicant has contended that the applicant is innocent and he has been falsely implicated due to enmity, that the case against the applicant is concocted, that there is delay of 15-hours in lodging the F.I.R., that there are general allegations against all the accused including applicant of causing injuries to deceased Mehran and that his vicarious liability is yet to be determined during the trial, therefore, per him, the applicant is entitled to be enlarged on bail.
5. The learned State counsel opposes the grant of bail to the applicant, contending that the applicant along with co-accused was assigned role of committing murder of a young boy namely, Mehran aged of 15/16 years by causing him firearm injuries with kalashnikovs, and that there were in all 20-firearm injuries on different parts of the body deceased Mehran, that 32 empties of 7.62 bore were secured from place of vardat, and that the eye-witnesses have also supported the prosecution case, therefore, the applicant is not entitled to the concession of bail.
6. I have carefully considered the arguments addressed by the counsel for the parties and have gone through the material placed before the Court with the assistance of learned State counsel. I find that the name of the applicant transpires in the F.I.R. With active role of causing firearm injuries by finding from his Kalashnikov upon deceased Mehran, who allegedly sustained 20-injuries at the hands of accused including the applicant Abdul Haleem resulting into his death the medical evidence also corroborates the ocular evidence, 32-empties of 7.62-bore (kalashnikov) were allegedly secured from the place of vardat and thus there is prima facie sufficient evidence against applicant Abdul Haleem to connect him with the above offences.
7. In view of what has been discussed above I am of the considered opinion that applicant has failed to make out his case for grant of bail, therefore, this bail application was dismissed by short order, dated 26-5-2009, and these are the reasons for the same.
8. The observations made hereinabove are tentative in nature for the purpose of only disposal of bail application; the same shall not influence the mind of the learned trial Court while deciding the case.