1. ' By this order I propose to dispose of this criminal bail application filed on behalf of the applicant Muhammad Hassan in a case bearing F.I.R. No,63 of 2000 registered with Police Station Sehwan for offences under section 302, P.P.C.
2. ' The bail plea of the applicant was declined by the learned Sessions Judge, Dadu vide order, dated 4-10-2001.
3. ' The prosecution story as unfolded in the F.I.R. Is that on 23-7-2000 at about 1-30 p.m. Complainant Ghulam Hadi set the law into motion by lodging F.I.R. At Police Station Sehwan alleging inter alia, that on the eventful day he alongwith his relative deceased Muhammad Sharif, having good relations with the accused Muhammad Hassan Makrani and his inmates, and a friend Chutto Khan Panhwar went for Ziarat purpose of the Shrine of Qalandar Lal Shahbaz and came to the house of the accused where after taking meals he and Chutto Panhwar went to sleep in courtyard whereas deceased Muhammad Sharif alongwith the inmates of the house went to watch film on TV/VCR by closing room. It is further disclosed in the F.I.R. That at about 1-00 a.m. Accused Muhammad Hassan Makrani came and went inside the room directly. Immediately thereafter, the complainant and his companion, upon hearing cries, went towards that side and saw that accused Muhammad Hassan Makrani, having dagger, caused blow on the stomach of deceased Muhammad Sharif. They challenged him but he pointing dagger to them and extending threats went out of the house.
4. Complainant saw that deceased Muhammad Sharif had injuries on the left side of the abdomen, on the right side below the ribs, on left umbilicus and one japing wound near left nipple, respectively, caused with dagger. He expired on the spot. The complainant, leaving Chutto Khan Panhwar, approached the police Station to report the matter stating that under suspicion with regard to illicit terms between the deceased and the daughter of the applicant, deceased was murdered by the applicant.
5. ' The investigation followed and in due course the applicant was went up to stand trial in the Court of learned Sessions Judge, Dadu.
6. ' I have heard Mr. Khadim Hussain Solangi, learned counsel for the applicant and Mr. Anwar Ansari, learned counsel for the State.
7. ' It has been contended by the learned counsel appearing on behalf of the applicant that the applicant is innocent and has falsely been implicated in this case. It has, further been contended that the applicant is an aged person being very weak and having disease of piles on account of which blood is coming, hence treatment by way of operation is very necessary for him. It has further been contended that there is no independent witnesses cited in the present case since both the witnesses are interested being related to the deceased. It has, further been contended that if the prosecution version is believed to the extent that applicant killed the deceased because of illicit terms with his daughter, the case of the applicant comes within the definition of sudden and grave provocation. Moreover, according to the learned counsel, applicant has remained in jail for more than 3-1/2 years but the trial Court has not framed the charge so far. On all these scores, learned counsel has contended that it is a fit case where the applicant is entitled to the grant of bail.
8. ' Learned counsel appearing on behalf of the State does not oppose the grant of bail on the grounds of illness and hardship caused to the applicant by remaining in custody for more than 3- 1/2 years and the trial Court has failed to frame charge, so far.
9. ' I have gone through the record, considered the arguments, advanced by the learned counsel for the applicant as well learned counsel, appearing on behalf of the State and am of the view that for what has been argued by the learned counsel, applicant, Muhammad Hassan, has been able to make out a case fbr bail which, accordingly, is granted to him subject to his furnishing surety in the sum of Rs,2,00,000 (two lacs) and P.R. Bond in the like amount to the satisfaction of the trial Court.
10. ' Criminal Bail Application No,179 of 2003 stands disposed of.