1. ' Complainant Abdul Razzak lodged his F.I.R. On 6-12-1999 at Police Station Saddar, District Jacobabad being Crime No,116 of 1999, wherein he stated that on the night of incident he, his father and brothers were sleeping in their house when at about 1-30 a.m. They got up on some noise and dog barking. They saw on torch light that three persons were standing near the wall of house, which was broken by them. The said persons were identified to be Ali Hassan, Sarwar and Kouro, out of whom Ali Hassan was armed with gun and the remaining two were armed with Lathies. The complainant raised cries and grappled with Sarwar, upon which, Ali Hassan fired from his gun which hit the complainant and he fell down. The culprits thereafter decamped from the scene of offence. The complainant was removed to police station where he lodged the F.I.R. The police took up investigation and submitted challan in the Court.
2. ' Mr. Ghulam Ali J. Rind learned counsel for the applicant contended that no injury is attributed to Sarwar and Kouro and, therefore, their case is distinguishable from main accused All Hassan. It is stated that the case of these two accused requires further enquiry as contemplated by section 497(2), Cr.P.C.
3. ' Mr. Ali Azhar Tunio, learned A.A.-G. On behalf of the State has opposed the bail application on the ground that they have trespassed into the house of the complainant after being duly armed with weapons and while committing the theft, they have caused injuries to complainant and as such they are equally responsible for trespass as well as theft and injuries caused to complainant by fire-arm.
4. The first information report of this case is lodged promptly and the specific part has been assigned to each one of the accused. The present applicants were armed with Lathies and accused Kouro is said to be carrying stolen articles at the time when they were challenged by the complainant party. The main accused Ali Hassan was armed with gun and he immediately fired at complainant when he caught hold of accused Sarwar. The said accused was only rescued when the complainant was hit by a fire-shot made by accused Ali Hassan. The names of accused appear in the F.I.R. With a specific part. There is no enmity between the parties so as to claim the false implication on that account. The case is covered by prohibitory clause contained in section 497(2), Cr.P.C. And the. Courts have also to keep in mind the increasing tendency of such type of offences and attending circumstances which create unrest in the people. Since the incident has taken place in the house of complainant, therefore, the inmates of the house are the natural witnesses. The case has not yet proceeded and at this stage it cannot be said that there appear no reasonable grounds to believe that the accused are not guilty of the offence with which they are charged.
5. ' Under such circumstances, I find that the trial Court has exercised the discretion properly and judiciously which call for no interference. The bail is hereby declined.