1. ' By this application under section 497, Cr.P.C. Applicant Abdul Aziz has moved this Court for grant of bail in Crime No.4 of 1997, Police Station, Tando Reheem Khan, District Dadu, which relates to commission of offence punishable under sections 302, 324, 353, 147, 148, 149, P.P.C. Read with section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979.
2. ' According to the prosecution story contained in the F.I.R. Lodged by one Mola Bux son of Murad on 29-4-1997, applicant was one of the members of the accused party consisting of 16/17 persons, who duly armed with Klashnikovs and Rifles had indulged in firing on complainant side and police party when they had followed them to recover their goats, which were snatched by the accused party from them on 28-4-1997 at the dint of force. During this firing Malho, the brother of the complainant had died by the fire of Khair Muhammad son of Muhammad Malook Brohi, which hit him on the waist from backside.
3. I have heard the learned counsel for the parties and perused the case record, which goes to show that the applicant was arrested in this crime on 1-11-2003 and thereafter challan was submitted before the trial Court on 6-11-2003 i.e. After more than five years of the occurrence and lodging of F.I.R. There is no plausible explanation for such inordinate delay in submission of challan before the trial Court. The allegations of ineffective firing levelled against the applicant are vague in nature and despite the fact that he is in custody for over five months, as yet no recovery of weapon has been made from him. The question of vicarious liability of the applicant in the given facts and circumstances of the case also needs further inquiry.
4. In view of the above, the applicant is admitted to bail on his furnishing surety in the sum of Rs.200,000 and P.R. Bond in the like amount to the satisfaction of Additional Registrar of this Court.