1. Complied with.
2. This is a bail application in respect of F.I.R. No,52 of 2002 of Police Station Khairpur Nathan Shah under sections 324, 337-A(i), 337- F(i), 147, 148, 149 and 504, P.P.C. It seems that one Ayoob Leghari claimed that Khair Muhammad and Gul Muhammad are his maternal-uncles and are aged and infirm persons. On 7-4-2002 complainant was present in his house alongwith his family members when accused Khan Muhammad and others came towards their houses, some of the persons were armed with guns and others had Lathis and hatchets. A commotion followed. Everybody got involved in the fight including the womenfolk of the complainant, maternal-uncles and children.
Khan Muhammad and Muhammad Moosa fired with the guns at complainant party which hit some ladies. Accused armed with Lathies and hatchets caused Lathi blows and blow with the hatchet from the backside to the complainant and another lady. The people of the neighbourhood also came running and the accused ran away. The F.I.R. Was registered the next day. It would not be out of place to mention that it was a night time incident.
' The present application has been moved by the applicants on the ground that the F.I.R. Registered is a false and concocted story. There is delay in registration of F.I.R. And all the prosecution witnesses belong to the same family. Furthermore that the injuries are simple in nature. According to the applicants, the F.I.R. Shows that all the accused were armed but the police has recovered only one gun, one hatchet and one Lathi. The one of the applicants Shafi Muhammad has also registered a complaint as he has resolved injuries in the incident.
' The Sessions Judge has dismissed the application on the grounds that specific role and injury has been attributed to the applicants. Recovery of gun, hatchet and Lathi has been shown and therefore, bail was refused.
' I have heard both the counsel for the applicants as well as the State. Whilst learned State Counsel has opposed the grant of bail application. The counsels for the applicants have insisted that this is a fit case for bail. I have continuously observed in similar applications where a large crowd collectively participated in a fight and all types of methods are used to inflict injuries and specially where such fight occurs in the middle of the village, it would be difficult to establish the actual person who inflicted injuries. Such a similar situation is occurred here. Moreover, there is delay in recording of the F.I.R. All the P.Ws. Are said A to be members of the same family and a counter- complaint was also registered by one of the applicants Shafi Muhammad who had received injuries in the same incident, hence false implication of the present applicants cannot be ruled out and it is yet to be determined of the trial as to which party was aggressor. In view of all these counts, at this stage the applicants can be extended the concession of bail. Accordingly bail is granted to the applicants in sum of Rs,1,00,000 each and P.R. Bond in the like amount to the satisfaction of trial Court.