1. ' Present applicant is seeking bail in Crime No 13 of 2001 registered with Police Station Bakhan, under sections; ,-.364-A and 34, P.P.C. Read widitleckipn 337-H(2) Qisas and Diyat Ordinance.
2. ' Inqr AIN') Brief facts of the prosecution case as disclosed in the F.I.R. Lodged by complainant Khudaillux on 26-1-2001 at 16-15 hours, 'alleging therein that he alongwith his son Mithatitinad Bachal and relative Muhammad Agil were thrashing their paddy crop dera lying their land, his little daughter Jannat Khatoon aged about 9/10 years was pulling kalongwith other little children on the otherotide of Nootan Wah. It was 0230 hours nnon thne,3. When the complainant party heard the cries of his daughter Jannat Khatoon and other children, they rushed there and saw that accused Mithal alias Mitho Kharos and Sahab the present applicant, both had guns were standing there, accused Mitho Kharos was dragging to Jannat Khatoon from her hands an&applicantfaccused Shahab returning back to other children. Complainant party then raised cries. Thereafter, both the accused while firing in the air ran away. On the cries and gun-shot report co-villages were attracted there, who also saw the accused, then accused party ran away to western side in the Jungle. Complainant thereafter came to Police Station and lodged the report against the accused.
3. The Dakhan police after the incident arrested the applicant/accused and challaned the case.
4. ' Learned Advocate for the applicant has contended that there is only an attempt on 1 the part of the applicant and no overt act is attributed to him. He has further contended that there is admitted enmity between the complainant and the accused party and false implication of the present applicant cannot be nailed out in view of the admitted enmity.
5. ' On the other hand Mr. Ghulam Asghar Abro, Advocate for the complainant has stated that the 164, Cr.P.C, statement of abductee Mst. Jannat has been recorded, who has fully implicated the applicant and this is very serious offence which is punishable with death or life imprisonment and has opposed to ' the grant, of bail.
6. ' Mr. Gul Hassan Solangi, Advocate appearing on behalf of the State has recorded no objection if the bail is granted to the applicant and has agreed with the contentions raised by the learned counsel for the applicant.
7. ' I have considered the arguments rendered by the learned counsel for the parties and have gone through the impugned order and the material available on the record. Admittedly both the accused named respectively Mithal alias Mitho hand. Shahab went to the lands of complainant where the girls were available for pulling 'Pally' and both the accused were duly armed and they were dragging away Mst. Jannat who raised cries and on her cries the complainant and ' other villagers were attracted and thus, the applicant alongwith co-accused Mitho could not succeed in his efforts. No doubt it is the case of an attempt but the present applicant alongwith co-accused Mitho was interrupted on the cries raised by Mst. Jannat and complainant and other villagers attracted to the cries. Had they not been attracted to the place of Vardhat on the cries, the applicant alongwith co-accused Mithal alias Mitho would have succeeded in this nefarious designs and would have consummated the offence. Prima facie, there is statement of the said Mst.
8. Jannat in the shape of 164, Cr.P.C. Against the present applicant and the offence is punishable with death or life imprisonment and the act of the applicant is very heinous and enmity is also admitted, which is double-edged weapon and cuts both the ways. There is every possibility on, the part of the applicant to commit such offence to settle his scores with the complainant ,party and at the moment there is involvement of the present applicant in the, present offence and I do not find any merits in the bail application and the same is dismissed.