' AHMED ALI M. SHAIKH, J.---Through the instant application, applicants Najaf Ali and Badaruddin alias Imran seek post arrest bail in Crime No,80 of 2010 of Police Station Kotri registered under sections 302,324, 337 H(ii), 34, P.P.C.
2. The bail plea of the applicants/accused was turned down by the learned trial Court vide order dated 26-4-2010.
3. Facts giving rise to this bail application are that on 20-3-2010 one Sajjad Ali Shoro lodged report stating therein that his brother Iqbal alias Jogi is Nek Mard of the locality as well as social worker.
Some one made complaint to his brother that one Ghulam Ali Butt is occupying the vacant plot of the railway department, on which his brother assured him that he will try to prevent him. He further stated that on the same day, he, his brothers lqbal alias Jogi, Allah Bux and cousin Pervez Shoro went to Kotri Town at about 9-00 a.m. When they reached at the railway water tank at Khanpur road, they saw each Ghulam Ali Butt armed with repeater, Najaf Ali and Badaruddin alias Imran armed with pistols. His brother Iqbal alias Jogi asked the accused Ghulam Ali as to why he has occupied the railway plot, meanwhile Ghulam Ali Butt after abusing his brother made straight fire upon Iqbal alias Jogi with intention to commit his murder, which hit him at the left side of his shoulder, who raised cries and fell down. Accused Najaf Ali caused pistol butt blows at the head of P.W. Allah Bux. Later on the complainant saw that his brother had received pallet injuries at his left shoulder and at belly and blood was oozing. After firing in air accused went away. The complainant thereafter brought his brother at Taluka Hospital Kotri wherefrom he was referred to Civil Hospital Hyderabad where he succumbed to the injuries. After leaving the above P.Ws. And other relatives over the dead body, the complainant, appeared at police station and registered the F.I:R.
4. M/s. Riazat Ali Sahar and Muhammad Sachal Awan learned counsel for the applicants contended that the co-accused Ghulam Ali Butt is responsible for committing murder of deceased.
Per learned counsel, the applicants are innocent and have nothing to do with the alleged incident.
It is further contended that the present applicants/accused did not cause any injury to the deceased. As far the allegations against applicant Najaf All are concerned, it is alleged that he caused pistol butt blows to P.W. Allah Bux and per learned counsel in medical certificate single injury has been shown and same has been declared as Shujjah-eKhafifah which is punishable with two years and bailable. It is urged with vehemence that no sanctity can be attached to the medical certificate as in the F.I.R., complainant categorically stated that after occurrence he brought the deceased to. Taluka Hospital Kotri and later on he was referred to Civil Hospital Hyderabad, where he succumbed to the .Injuries and after leaving the P.Ws. And other relatives over the dead body, he came at Police Station and lodged report. Per learned counsel in medical certificate of Allah Bux, his time of arrival at Hospital is shown as 9-00 &m. Whereas F.I.R. Was registered at 1030 hours. Per learned counsel so-called recovery of pistols on the joint pointation of applicants/accused is also highly doubtful as the same has been effected from an abandoned place. Learned counsel in support of their contention relied upon the case of Farzand Ali v. Taj and 2 others (2000 SCM R 1854).
5. Conversely, Mr. Shahid Ahmed Shaikh learned Assistant Prosecutor-General for the State opposed the bail plea of the applicants on the ground that their names appear in the F.I.R. There is specific allegation of causing pistol butt blows to P.W. Allah Bux, against accused Najaf. He further contended that there is recovery of pistols on the pointation of applicants, therefore, they do not deserve concession of the bail.
6. Heard learned counsel for the parties and perused the record.
7. No doubt, the names of applicants/accused transpire in the F.I.R. But from the contents of F.I.R., it appears that there was dispute between deceased Iqbal alias Jogi and accused Ghulam Ali Butt and it is specifically alleged in the F.I.R. That Ghulam Ali Butt was going to occupy the railway plot whereas no such allegation was levelled against the present applicants. It further transpires that Ghulam Ali was armed with repeater and committed the murder of deceased Iqbal alias Jogi by causing fire-arm injuries. So far the role of present applicants is concerned, admittedly none of them caused any injury to the deceased but per F.I.R. Applicant Najaf Ali caused pistol butt blows to P.W. Allah Bux on his head. In medical certificate only one injury has been shown and same is declared as Shujjah-e-Khafifah which is punishable with two years' R.I and bailable. On perusal of medical certificate issued by the Medical Officer Taluka Hospital Kotri, it appears that date and time of arrival of injured Allah Bux is shown as 9-00 a.m on 20-3-2010 whereas the F.I.R. Was registered on 20-3-2010 at 1030 hours. From the perusal of F.I.R. It appears that after this unhappy episode, complainant party brought the deceased at Taluka Hospital Kotri wherefrom he was referred to Civil Hospital Hyderabad and ultimately they .Went to Civil Hospital where he succumbed to the injuries and later on they brought the dead body of deceased at Taluka Hospital Kotri and the above P. Ws. And other relatives over the dead body and then complainant went to police station and lodged F.I.R. No doubt at bail stage deeper appreciation of evidence cannot be made and only tentative assessm ent can be undertaken, however, this fact creates doubt to the extent of injury of P.W. Allah Bux. Since the applicants/ accused did not cause any injury to the deceased and following the dictum laid down in Farzand Ali's case supra, I am of the considered view that the applicants have made out case for bail. Accordingly, I allow this application and admit the applicants on bail subject to furnishing surety in the sum of Rs,200,000 (Two hundred thousands) each and P.R bond in the like amount to the satisfaction of the trial Court.
8. Before parting with the order, it is made clear that the observations made are tentative in nature and will not prejudice the case of either party.