1. ' By this order, I intend to dispose of criminal bail application filed on behalf of applicant Jhur son of Suhno Jatoi in a case bearing crime F.I.R. No,5 , of 1999 Police Station Rustam for an offence punishable under sections 302, 364-A, 201, 147, 148 and 149. P.P.C. The bail plea of the applicant was declined by the learned IVth Additional Sessions Judge, Shikarpur vide order dated 14-5-2003.
2. ' The facts germane to the prosecution story are to the extent that on the eventful day the complainant Haji Kandhro appeared at Police Station, Shandadkot and lodged an F.I.R. The details whereof go to say as under:-- "It is complaint that I am Hari by profession. My son-in-law Bakhat Ali alongwith his family is residing with me. Bakhat Ali has a son namely Mehwal aged about 6/7 years, who uses to graze sheep. About five days back my grandson Mehwal, Hurr son of Punhal and Karimdino son of Jaro had gone to graze cattle towards jungle, and at about 3 p.m. (noon time) there had been cries coming from the uncultivated lands of Sikandar Jatoi from a jungle, as such I and my cousin are son of Shikari went running from our house and saw that 1.
3. Hussain son of Guloo with rifle 2. Behram son of Kamal with gun 3. Sadhayo son of Nihal with gun 4.
4. Jhur son of Suhino with gun 5. Ali Khan son of Suhino with gun 6. Banjal son of Suhino with gun 7.
5. Guhram son of Behram with rifle 8. Veengus son of Shaheen with rifle all by caste Dosani Jatoi, residents of Sahib Khan Jatoi, Taluka Khanpur, who were forcibly by dragging my grandson were taking him away towards northern side, we challenged them, in the meanwhile accused Hussain avid Jhur kept their weapons towards us and asked that if you come near to us, then we will commit your murder, we due to fear of weapons did not go near to them and they taken away our boy, then we came and narrated the facts of incident to Nekmard Hothi Khan Jatoi, who asked for return of boy and they kept us on hopes, but till today they have not returned our boy, who told that your nephew Gullan had committed murder of our boy namely Ghulam Murtaza and in revenge of that we have abducted your grandson Mehwal in order to commit his murder and you may do whatever you want. Now I have come to report that accused Jhur Jatoi alongwith other accused on show of force of weapons have kidnapped my grandson Mehwal with intention to commit his murder. I am complainant, justice may be made."
6. ' The investigation followed and in due course, the applicant was sent up to stand trial in the competent Court of law.
7. ' I have heard the learned counsel for the respective parties and perused the record. It has been contended by the learned counsel for the applicant that the case against his client is false, who has been involved in the background of enmity. It has also been contended that co-accused Ghuram and Sadhayo was granted bail by this Court vide order dated 7-5-2001 and the case of the applicant is identical. Learned counsel further argues that he also claims bail on the point of hardship inasmuch as the applicant has remained in custody for more than two years and forty days and in that eventuality he stressed the need that the case of the applicant is also at par.
8. ' Mr. Mushtaque Ahmed Kourejo, learned State Counsel concedes to the above legal position and raised no objection, if the bail is granted to the applicant.
9. ' For what it has been discussed above, I am of the considered opinion that the learned counsel for the applicant has been able to make out a case for bail, which is granted provided he furnishes surety in the sum of Rs, Two lacs and P.R. Bond in the like amount, to the satisfaction of Additional Registrar of this Court.
10. ' Criminal Bail Application No,305 of 2003 stands disposed of.