1. The applicants/accused Nasser Ahmed son of Muhammad Saleh Kalhoro, Muhammad Bux son of Ghulam Hyder Kalhoro and Mour son of Fateh Muhammad Kalkhoro are facing trial in Sessions Case No.41 of 2000 before the learned Sessions Judge, Naushahro Feroze under section 17(3), Offences Against Property (Enforcement of Hudood) Ordinance, 1979 read with sections 324, 395, 353, 365, 457, 458, 148 read with section 149, P.P.C. The case arose out of F.I.R. No.6 of 2000 of Police Station, Mohabat Dero.
2. The brief facts of the prosecution case as disclosed in the F.I.R. Lodged by Manzoor Ahmed Abbasi on 9-2-2000, are reproduced herein--below:-- "Complaint is that, I own a cattle-pen situated near my Otaq and own cattle viz. Three buffaloes, two female buffaloes, calves and male buffalo calf. For their lookafter I have appointed a servant named Ghulam Qadir son of Allah Bux Soomro. As usual in the last night, I got tied my three buffaloes, two female calves and a male calf in my cattle-pen and left my servant Ghulam Qadir sleeping in order to take care of them, Later on, I got asleep in my Otaq. At about 11-30 p.m. I woke up on the barking of dogs. I saw that my three buffaloes and three calves were missing from the cattle-pen and my servant Ghulam Qadir was also not available on his cot. Thereafter I witnessed that the northern wall of my Otaq was broken. I turned on the bulb and found the footprints of six persons alongwith my footprints at the wall and the buffaloes were stolen. I then called my neighbourer namely Faqir Muhammad, Nisar Ahmed and others, narrated the above facts and showed them the place of offence. I sent them to follow the footprints and I went to Police Post, Khanwahan for report. Meanwhile, A.S.-I. Anwar A.I Lodo alongwith his subordiante staff met me during the patrolling in the town. It narrated the above facts to A.S.-I. Anwar A.I who informed his higher officers on wireless and chased the accused persons. At about 1-30 a.m. We reached near Nadir Shah graveyard and saw on vehicle light 5/6 persons duly armed taking the cattle. We introduced ourselves by accosting as 'Police' and warned them to release the cattle and the servant Ghulam Qadir. On seeing police, accused persons opened straight fires with intention to kill me and the police. Police also opened fires in the air. Firing continued for half an hour and the police succeeded in apprehending the accused alongwith the shot guns. My servant Ghulam Qadir emerged out of graveyard while raising cries. I and the police collected the cattle. On enquiry accused persons disclosed their names as Nasir son of Muhammad Saleh Kalhoro, resident of village Ghulam Hyder Kalhoro, Taluka Sobhodero, District Khairpur, armed with shot gun, 2.
3. Muhammad Bux son of Ghulam Hyder Kalhoro armed with shot gun and 3. Mour son of Fateh Muhammad Kalhoro armed with shot gun. Accused persons informed that their weapons were unlicensed. Accused persons did not disclose the names of their accomplices who slipped away.
4. Mashirnama of arrest and recovery was prepared. During that course, the higher police officers arrived who were also apprised of the facts. Taking aforesaid accused persons under custody and accompanying my witnesses, I have directly appeared to lodge the report that aforesaid accused person on gunpoint made burglary, attempt in my Otaq, committed robbery of three buffalloes, two female buffalo calves and a male buffalo calf and kidnapping my servant Ghulam Qadir Soomro they were fleeing. But on the way I and the police tried to capture them, due to which, by opening straight fires at me and the police with intention to kill us, they have caused hindrance in official duty of police. I and the police have seen well to the abasconding accused persons on vehicle light and torches light. If we see them again, we shall identify them. I am complainant, investigation be made."
5. The police after usual investigation sent up the accused to stand trial.
6. The applicants/accused applied for bail but the same was declined by the trial Court vide impugned order, dated 4-4-2000.
7. I have heard Mr. A.I Nawaz Dahraj, learned counsel on behalf of the applicants/accused and Mr. Zawar Hussain Jafferi, learned Additional Advocate-General, Sindh on behalf of the State. The latter concedes to the grant of bail to the applicants/accused. I have also perused the material placed on the record as well as police record with the assistance of the learned counsel for the parties.
8. The perusal of the record shows that the F.I.R. Is belated by six days whereas distance from police station is about 14 kilometres. No plausible explanation with regard to this inordinate delay in lodging the F.I.R. Has been given by the prosecution. Complainant Manzoor Ahmed anti alleged abductee Ghulam Qadir have filed their affidavits before this Court wherein they have exonerated the applicants/accused from the culpability of the charge. The police record shows that the Inspector-General of Police, on the move made by the parties, deputed Qamdar Raza Jaskani, SDPO, Khairpur for impartial investigation and report. He after discreet enquiry reported that the present applicants/accused are not privy to the commission of the offence and the alleged offence was committed by some unknown persons. He further recommended that the present case may be disposed of as I untraced and accused may be released. For the reasons best known to the prosecution/Investigating Agency, the report was not submitted before any Court for the disposal of the case. The police record further shows that the arms belonging to the applicants/accused, which were licensed one, were foisted upon them.
9. Consequently, I am of the considered view that the case necessitates further enquiry as contemplated under section 497(2), Cr.P.C. And applicants/accused are entitled to bail.
10. Resultantly, the applicants/accused are granted bail in the sum of Rs.50,000 (fifty thousand) each and P.R. Bond in the like amount to the satisfaction of trial Court.