' KHADIM HUSSAIN M. SHAIKH, J.---Applicant Ayaz Hussain has sought bail in Crime No, 67 of 2007.
Police Station Rehmatpur, for offences under section 324, 34, P.P.C. After his bail plea advanced before learned trial Court i,e, court of 4th Additional Sessions Judge, Larkana, was declined vide order dated 27-2-2009.
2. Briefly the facts of the prosecution case, per F.I.R., are that on 14-11-2007 at 1515 hours complainant Hussain Bakhsh Janwari lodged report with police to the effect that accused Ayaz Hussain was annoyed with his sister Mst. Heer on her refusal to give him Rs,30,000 as demanded by him one day before the incident. On 14-11-2007, the complainant, his brother Moulla Bux his nephew Allandino and his wife Mst. Heer were sitting in the house when at about 2.30 p.m. Accused Ayaz Hussain the brother-in-law of the complainant forcibly entered into the house, while two other accused stood outside. Accused Ayaz Hussain took out pistol from fold of his trouser (Shalwar), and fired at Mst. Heer which hit her on her left side belly and she fell down, accused Ayaz Hussain repeated pistol fire which hit her on her left hand. On the shouting of the complainant party accused ran away. The complainant then shifted his wife Mst. Heer through P. Ws. Moulla Bux and Allandino to hospital and then appeared at Police Station Rehmatpur and lodged his above F.I.R.
3. After the investigation the applicant Ayaz Hussain was sent up to stand his trial.
4. Learned counsel for the applicant has contended that the applicant is innocent and he has been implicated in this case due to the matrimonial dispute between complainant party and applicant, and that the applicant has remained in jail since 18-11-2007, and the court is lying vacant since long, therefore, the applicant may be released on bail.
5. Learned State counsel has opposed the grant of bail to the applicant and supported impugned order 27-2-2009.
6. I have carefully considered the arguments advanced by the learned counsel for the parties and have gone through the material placed before the Court with the help of learned State counsel. I find that applicant Ayaz Hussain has been nominated in the promptly lodged F.I.R., which was lodged within 45 minutes of the incident, with specific role of causing firearm injuries to Mst. Heer on her belly and on her left hand by making repeated fires from his pistol which prima facie establishes the intention of applicant Ayaz Hussain to commit Qatl-e-amd of Mst. Heer, who happens to be his real sister, the recovery of crime weapon was also effected from the applicant Ayaz Hussain and the medical evidence is also in line with the ocular evidence and thus there is prima facie sufficient evidence against the applicant for his involvment in the above offence which falls within prohibitory clause of section 497, Cr.P.C.
7. For what has been discussed above I am of the considered opinion that the applicant Ayaz Hussain has failed to make out his case for grant of bail therefore, bail application was dismissed by short order dated 13-4-2009 and the above are the reasons for the same.
8. However, in the interest of justice and for expeditious trial of the case sessions case No,429 of 2007, re; State v. Ayaz Hussain, based upon the above F.I.R. Is hereby withdrawn from the file of Court of 4th Additional Sessions Judge, Larkana and is transferred to the learned Court of 2nd Additional Sessions Judge, Larkana, with the directions to conclude the trial and dispose of the above case within a period of three months from receipt of this order by procuring the attendance of the prosecution witnesses even through coercive process if needed. The applicant may repeat bail application before the learned trial Court after the evidence of the material witnesses is recorded which the trial Court shall decide on its merits accordingly.
9. 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.