' By this order, I propose to dispose of Criminal Bail Application No.343 of 2001 filed in respect of applicant Ali Khan Pathan in a case bearing crime F.I.R. No.71 of 2000 registered with Police Station Rustam for an offence under sections 302, 337-A(ii) and F(i), 147, 148, 114, P.P.C. The bail plea of applicant was declined by the learned Vth Additional Sessions Judge, Shikarpur vide order dated 11-5-2001.
2. The prosecution story as unfolded in the F.I.R. Is that on the eventful day i.e. 29-11-2000 at about 6-10 p.m. The complainant Usman Ghani Pathan appeared at Rustam Police Station and lodged F.I.R. Alleging that on the same day at 5-00 p.m. As he alongwith other inmates were present in the house of Shamsuddin where they had gone to see his daughter and paternal daughter in presence of his wife Mst. Zulekhan and his daughter Amna. It has further been alleged by the complainant that they found Shamasuddin son of Chakmal duly armed with pistol 2. Ali Khan armed with hatchet,
3. Ali Murtaza,
4. Ali Gohar and 5. Ali Murad armed with Lathies were present. It is alleged that on the instigation of Mst. Zulekhan and Amna, accused Ali Khan gave hatchet blows to the daughter of complainant namely Mst. Khatoon which hit her on her head. Accused Ali Gohar and Ali Murtaza gave Lathi blows to Mst. Zulekhan the daughter of complainant on her right side and other parts of the body. Accused Shamsuddin caused butt injuries and his son Ali Murad Lathi injuries to the paternal daughter of the complainant Mst. Amna which hit her on forehead and other parts of the body. Thereafter the accused decamped from the scene of offence. On verification it was found by the complainant that Mst. Amna was in semi-conscious condition whereas Mst.Zulekhan and Khatoon were raising cries. The complainant leaving his sons for taking care of the injured ladies, he went to P.S. Where he lodged the F.I.R. As above. After ususal investigation, the case was sent upto stand trial in the Court of 5th Additional Sessions Judge, Shikarpur.
3. I have heard the learned counsel for the respective parties and perused the record.
4. Learned counsel for the applicant has urged the bail plea on behalf of applicant Ali Khan on the ground that according to F.I.R. The applicant was armed with hatchet and was alleged to have caused hatchet injuries to the daughter of complainant namely Mst. Khatoon and the medical evidence shows that the injured lady had sustained three injuries which according to the medical evidence were caused by means of hard blunt substance. The injuries Nos.1 and 2, both have been certified as Shajjah-I-Khafifa whereas injury No.3 was certified as Jurh Ghayr Jaifah Damiyah.
According to the learned counsel, the punishment provided in respect of Injuries Nos.1 and 2 is two years whereas regarding Injury No.3 it is punishable upto one year. It has further been contended by the learned counsel for the applicant that the ocular version is at variance on kind of weapon used inasmuch as according to F.I.R., the applicant was responsible for causing one hatchet blow hitting Mst. Khatoon which landed on her head, but the medical evidence disclosed injury by means of hard blunt substance. Moreso, the ocular version is also not in line with medical evidence on number of injuries inasmuch as according to F.I.R. Accused Ali Gohar and Ali Murtaza gave Lathi injuries to Mst. Zulekhan daughter of complainant which hit her on right hand and other parts of the body. Accordingly Shamasuddin calused pistol butt injury and his son Ali Murad caused Lathi injuries to his paternal daughter Mst. Amna on forehead, head and other parts of the body but the medical evidence disclosed in all three injuries. It has further been contended by the learned counsel for the applicant that the hatchet though secured from the applicant was not stained with human blood and lastly he argued that it is 'case of domestic affairs which would be settled down with the passage of time. In the /circumstances he urged that it is a fit case where bail could be granted to the applicant Ali Khan.
5. Mr. Mushtaque Ahmad Kourejo, learned counsel appearing on behalf of the State concedes to the above legal position and raised no objection if the bail is granted to the applicant.
6. For what it has been argued above, I am of the view that the applicant Ali Khan son of Shamasuddin Pathan has been able to make out a case for bail, which accordingly 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 trial Court.