1. This is application for bail of applicant Shah Nawaz who stands challaned under section 17(2) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 and is facing trial before the Court of learned Sessions Judge, Jacobabad. The prosecution case according to the F.I.R. Lodged on 23-2-2003 at 9-00 p.m. By complainant Amir Bux is to the effect that he owns a donkey cart. While returning to their village in the company of his maternal cousin Ghulam Muhammad and a friend Zafar Ali following them on a cycle at about 8-30 p.m. On that day, they were waylaid by some three persons whom they saw on a torch light being armed with a K.K. And the remaining two with T.T. Pistols. They were asked to stop but they (complainant party) attempted to run away, whereupon they were fired upon by those unidentified culprits. As a result of fire shots Ghulam Muhammad and Zafar Ali got injured and fell down whereafter the culprits ran away. The complainant thereafter took the injured to Police Sadar Jacobabad where he lodged the report. The police after completing the investigation sent up the applicant Shahnawaz and two others namely Eidan and Khan Muhammad shown as absconding accused. It is contended by Mr. Muhammad Ayaz Soomro, learned counsel for the applicant that the applicant is not named in the F.I.R. And although it is alleged that two of the accused were armed with T.T. Pistols and yet, who among the two culprits armed with T.T. Pistols fired at the P.Ws., is not clear. It was next argued that nothing was robbed so there is no recovery from the applicant. No identification test was held at all. Moreover, the injured two prosecution witnesses namely Ghulam Muhammad and Zaffar Ali were examined by police after more than one month and there is no reason shown for such delayed examination by police. It is added that there is no other piece of evidence against the applicant and unless it is shown that the applicant had used his pistol, his case would call for further enquiry. Reliance is placed upon the case of Hazoor Bux v. The State 2001 YLR 2089. Mr. Muhammad Bachal Tunio, learned A.A.-G. Appearing for the State submits that the police visited the place of Wardat on 24-3-2003 after more than a month when the statement of P.Ws. Are shown to have been recorded under section 161, Cr.P.C. Learned A.A.-G. Submits that papers do not disclose reasons for no action by police in this case, for a continued period of one month. He therefore, does not object to the grant of bail to the applicant.
2. The injuries suffered by the two injured are attributed to all the three accused including the applicant. P.W. Ghulam Muhammad in his 164, Cr.P.C. Statement has stated that the applicant was also armed with a Lathi and caused Lathi injury on the arm of the complainant. This version of P.W.
3. Ghulam Muhammad is belied by the F.I.R version wherein complainant Amir Bux says that he suffered a simple right arm injury due to a fall on the cart. Unexplained delay for one month in the inspection of the site and such like delay in examining two important witnesses i,e, Ghulam Muhammad and Zafar Ali creates circumstances calling for further enquiry, within the scope of section 497(2), Cr.P.C. The police papers are silent on such no action for one month on the part of police. Again no reason is shown for failing to hold the identification test of the applicant. In these circumstances, I am inclined to grant bail to the applicant. He shall be released on bail, subject to his furnishing solvent surety in the sum of Rs,100,000 and P.R. Bond in the like amount to the satisfaction of Additional Registrar of this Court.