1. MUHAMMAD TASNIM, J. ---This bail application is directed against the order dated 3-11-2009 passed by the learned Additional Sessions Judge, Moro whereby declining the bail to the applicants Talib Hussain, Munir Ahtned and Imdad, who are wanted in F.I.R. Crime No,226 of 2009 Police Station, Moro District Naushahro Feroze registered for an offence under sections 302, 147, 148, P.P.C.
2. Prosecution story is that the case was initiated on an F.I.R. lodged at the instance of complainant Ghulam Shabir Dehri on 28-7-2009 at 1100 hours alleging therein that the present applicants along with other co-accused having lathis have committed the murder of Bashir Ahmed by means of causing lathi blows, strangulating him and causing him secret injuries: hence the F.I.R. was lodged as stated above.
3. Learned counsel for the applicants has submitted that as many as 5 accused persons were named in F.I.R. He has further submitted that though three lathis were recovered from all the three applicants but it did not contain any blood-stained mark. Similarly the learned counsel has argued that as per F.I.R. present applicants have beaten the deceased with lathis who subsequently died but as per medical report no marks of violence were found on the body of deceased. Learned counsel further argued that the arrest of the applicants was made on 31-7-2009 and there was no blood-stained earth available at the place of wardhat. He further argued that the statements of prosecution witnesses under section 161, Cr.P.C. were recorded on 29-7-2009 with unexplained delay and in the end, the learned counsel has submitted that this is a fit case calling further enquiry and the present applicant be enlarged on bail.
4. On the other hand the learned counsel for the complainant has argued that present applicants are not entitled to bail as they have jointly killed the man and due to their beating he died. He further argued that recovery of lathis was effected from the applicants; hence they are connected with the commission of the alleged offence.
5. On the other hand, the learned A.P.-G. has argued that the contents of F.I.R. are supported by the memo of wardhat so also medical report and it is a fit case to refuse the bail.
6. I have heard the arguments of the learned counsel for the parties and have gone through the record available before me.
7. At this stage deeper appreciation of evidenced cannot be gone into and only it is to be seen whether prima facie the alleged offence has been committed by the present applicant or not.
8. Since in the F.I.R. it has been stated that 3/5 persons have beaten with lathis to the deceased but the medical report is contrary which says that no mark of violence was found on the body of the deceased; hence this case calls for further enquiry as the allegation made in the F.I.R. can only be proved by leading positive evidence.
9. Accordingly I had allowed this application and admitted the applicants to bail subject to their furnishing solvent surety in the sum of Rs,200,000 (Rs,two lac) only each and P.R bond in the like amount to the satisfaction of the learned trial Court by a short order dated 27-7-2010 and these are the reasons for the same.
10. Application stands disposed of in the above terms.