1. GHULAM SARWAR KORAI, J.---Through Bail Application No.892 of 2010 Applicants Muhammad Khan and Muhammad Issa seek their pre-arrest bail and in the Bail Application No.275 of 2011 Applicant Muhammad Usman seeks his release on bail. Since both the bail application are out of Crime No.459 of 2010 of Police Station Tando Allahyar therefore, I intend to dispose of the same through common order.
2. Facts of the case are that on 16-11-2010 at 2300 hours Complainant Karim Bux (lodged F.I.R. Stating therein that Abid Hussain, son of his sister, married with Mst. Aisha with her free-will and without consent of her parents therefore, brother and cousin of Mst. Aisha were annoyed. On 7-11-2010 the Complainant along with his brother Muhammad Amin went to Tando Allahyar on their motorcycle for the purpose of purchasing some things and while they reached at Jara Water, one white car crossed them and stopped in their front. From the car Muhammad Essa, Muhammad Khan, Ghulam Qadir and Muhammad Usman got down. They were armed with gun, country made pistol and pistol respectively while Muhammad Usman was empty-handed. Applicant Muhammad Usman allegedly instigated the other accused therefore all accused made straight fires upon the complainant, who became injured and then all accused made their escape in their car. Complainant/injured was taken to Police Station and was referred for medical treatment and certificate and then on 16-11-2010 he lodged F.I.R. Challan was filed placing the name of applicant Muhammad Usman as absconder.
3. Bail application of applicants Muhammad Khan and. Muhammad Essa was filed but the same was dismissed by the Court of learned II-Additional Sessions Judge, Hyderabad on 8-12-2010 while bail after arrest application of applicant Muhammad Usman was dismissed by the same Court on 16-4-2011 and these orders are impugned in the present bail applications.
4. Heard Mr. Syed Muhammad Wasim Shah learned. Counsel for applicants Muhammad Khan and Muhammad Essa, Mr. Ghulamullah Chang learned Counsel for the applicant Muhammad Usman and Syed Meeral Shah learned Deputy Prosecutor-General for the State.
5. Learned Counsel for the applicants submit that actually there is matrimonial dispute in between the parties as Mst. Aisha was allegedly abducted by Abid Hussain, nephew of the Complainant, and such F.I.R. No.123 of 2010 was registered at Police Station Chamber on 2-11-2010 by applicant Muhammad Khan for offences punishable under section 365-B, 366, 380, 109, 34, P.P.C. They further submit that though the date of alleged incident is 7-11-2010 and distance in between the place of incident and police station is 3 kilometers but F.I.R.
6. Was registered on 16-11-2010 with the delay of 9 days without any plausible explanation. They further submit that the allegation against applicant Muhammad Usman is that he was empty-handed and instigated the accused but nothing was done by him while applicants Muhammad Khan and Muhammad Essa allegedly fired upon the complainant and mashirnama of injuries shows that he received one injury while according to the Medical certificate, he received 11 injuries, that medical certificate was challenged before the Medical Board and repeatedly notices were issued to the complainant/injured but he did not appear before the Medical Board therefore, his medical certificate was suspended by Medical Superintendent/Civil Surgeon, Services Hospital, Hyderabad vide letter No.4637/45 dated 5-3-2011. They prayed 'that the interim bail already granted to applicants Muhammad Khan and Muhammad Essa be confirmed and applicant Muhammad Ismail be released on bail.
7. Learned Deputy Prosecutor-General for the State opposed the bail application on the ground that the applicants have specifically been named in the F.I.R. By the complainant and they fired upon the complainant with intention to kill him, therefore, they are not entitled to avail facility of bail.
8. I have perused the file. The distance in between the place of incident and Police Station is 3 kilometers as shown in the F.I.R. But in spite of this F.I.R. Was registered on 16-11-2010 while date of incident is 7-11-2010 with delay of about 9 days without any proper explanation. The allegation against Muhammad Usman, is of instigation otherwise he was empty-handed while remaining applicants Muhammad Khan and Muhammad Essa allegedly fired upon the complainant and according to the mashirnama he received only one injury but as per provisional medical certificate he received 11 injuries and that medical certificate was suspended by the Medical Superintendent/Civil Surgeon, Services Hospital Hyderabad due to nqn-appearance of the complainant before the Medical Board. Since there is confliction in between the contents of the F.I.R., mashirnama of injuries and medical certificate and there is delay of 9 days in lodging the F.I.R. Therefore, I am of the view that the case of the applicants is of further inquiry, as such, pre-arrest bail application of the applicants Muhammad Khan and Muhammad Essa is allowed and interim bail already granted to the applicants on 15-12-2010 is hereby confirmed on the same terms and conditions, while bail application of applicant Muhammad. Usman is allowed.
9. He shall be released on bail subject to his furnishing solvent surety in the sum of Rs.50,000 and P.R Bond in the like amount to the satisfaction of the trial Court.