1. Granted, subject to all just legal exceptions.
2. This bail application has been filed by the applicant in connection with Crime No,234 of 2001 which was registered with Police Station Kamber, for offences under sections 324, 457, 34 and 337- A(ii), P.P.C. The prosecution as per F.I.R. Goes to say that on the night falling in between 17th and 18th of July, 2001, complainant Dr. Khadim Hussain Shaikh went asleep alongwith his family unit. At 3-30 a.m. He and his son Ali Abbas Shaikh got up on some commotion and found inside his room; two culprits duly armed with pistols while two culprits, armed with gun and pistol, were standing in the courtyard of the house. In the wake of Hakal gave by the complainant party, the two culprits armed with country made pistols, in furtherance of their common intention to cause murder, committed straight fires at the complainant party but fortunately the weapons could not fire. Complainant and his wife Mst. Haseena daughter of Ghulam Nabi Shaikh attempted to overpower the culprits, as result thereof, wife of complainant received firearm injury on her forehead and during scuffle complainant and his son also sustained minor injuries above the right eye and head respectively, also. On cries and fire reports, P.W. Chowkidar Munir Ahmed son of Mubarak Meno resident of adjacent Taluka Hospital Kamber and other came raising Hakals who also saw the culprits on the light of bulbs. The P.Ws. Were informed about the above facts. Subsequently the F.I.R. Was lodged to the above effect.
1. ' During investigation, the present applicant/accused were on 11-8-2001 and they were challaned before the Court of law.
2. ' Apparently a bail application was moved before the trial Court which was declined by order.
3. Dated 19-9-2001, giving rise to the present application before this Court.
4. ' I have heard the counsel and perused the material brought on record. Learned counsel for the applicants has mainly contended that the alleged incident had taken place in the odd hours of night on 19-7-2001, applicants were arrested on 11-8-2001, after about 25 days of occurrence, but they were not put to any identification parade, hence the mistaken of identity and false implication cannot be ruled out: the names of applicants do not find place in the F.1.R. Only they have been implicated by P.Ws. In their 161, Cr.P.C. Statements, recorded after considerable and inordinate delay of 23 days and also P.W/injured Mst. Haseena has not implicated the present applicants/accused in her statement under section 161, Cr.P.C. No recovery is effected from the applicants, the injuries sustained by the complainant party are simple and minor in nature. It is further contended by the counsel for the applicants that the case from the very face of F.I.R. Seems to be false and concocted and so also it suffers from the lacunas, which makes it doubtful and one of the further enquiry.
5. ' Mr. Ali Azhar Tunio, learned Assistant Advocate-General for the State has opposed the grant of bail merely on the ground that admittedly there is no previous enmity between the parties.
6. Admittedly this is a ease where applicants are not nominated in F.I.R., which is in respect of the incident allegedly occurred in the odd hours of night: no recovery is effected, no identification parade is held and as well as the iniured/P.W. Mst. Haseena has not implicated the applicants/accused in her statement under section 161. Cr.P.C. Learned counsel for the applicants has raised substantial grounds, bringing about this case fit for bail.
7. ' Under the circumstances, bail is granted to the applicants in the sum of Rs,1,00,000 each and P.R.
8. Bond in the like amount to the satisfaction of the trial Court.