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Criminal Bail Application No. 36 of 1976, decided on 27th January 1976;

-----S. 497‑Bail‑[Murder case]‑Accused party on chance meeting with complainant‑party resorting to firing resulting in death of two persons but petitioners only responsible for causing grievous hurt to prosecution witnesses‑Fact whether all accused persons committed murder in prosecution of their common object yet to be estab lished‑Petitioners in judicial lock‑up for last 14 months‑Bail granted in circumstances.‑[Bail].

Muhammad Ali Shaikh for the Applicant.

Ghulam Ali Memon, Advocate‑General for the State.

The present three applicants alongwith 3 others were sent up for, offences, under sections 302, 307, 326, 325, 324, 323, 147, 148, and 149, P. P. C. by Tando Jam Police in the Court of 6th Extra Joint Civil Judge and F. C. M. Hyderabad. It is the case of the prosecution that on 18‑10‑1974 on Eid day these six accused went from Hyderabad to Tando Jam situated about 10 miles away for the purpose of site‑seeing. When they reached the bazar all of a sudden they found complainant Bagh Ali and others also there as they had, come to Tando Jam from Jatoi Farm. Dbani Parto took out a pistol and fired at them but the pellets struck Ahmad, Riasat Ali and Misri out of whom Ahmad died on the spot and Riasat Ali died later on in the hospital. It is said that Lutf Ali and Bagh Ali of Dhani Parto's party caused Lathi injury to complainant Bagh Ali and Pir Bux while Ali Murad, Rasool Bux and Allan gave laths blows to Moula Bux, Muhammad Bux and Wahid Bux. The learned 3rd Additional Sessions Judge, allowed bail in case of Lutf Ali and Bux Ali as according to him they were prima facie liable for having caused only simple injuries. He was also of opinion that there were reason able grounds to believe that present applicants Ali Murad, Rasool Bux and Allan would be guilty of offence under section 325, P. P. C. Evidently he was of the view that it being a sudden fight each of the culprits would prima facie be liable for the injuries caused by him. The bail application was then repeated and it was heard by his successor later on and he also expressed his view that Ali Murad, Allan and Rasool Bux could not be held responsible for the murders committed by Dhani Parto. He, however, refused bail in their case because according to him they would still be liable for offences under sections 307 and 325, P. P. C.

Now it is no body's case that the party of the accused had gone prepared to commit any planned murders at Tando Jam. They could not have know that the complainant's party would also come down from Jatoi Farm to Tando Jam Bazar at that time. It is, therefore, yet to be established whether all the six culprits had no intention to commit murders or that the murders were committed in prosecution of the common object of unlawful assembly formed by them. Under these circumstances they would prima facie be responsible for grievous hurt caused with blunt weapons. Mr. Muhammad Ali Sheikh has pointed out that they have already remained in the jail for 14 months and there is no likelihood of their case being concluded in the Court of Sessions in very near future. Considering all these facts and circumstances I would grant bail to the present 3 applicants. They may be released on their furnishing P. R. bonds with one surety each in the sum of Rs. 10,000 to the satisfaction of Sessions Judge, Hyderabad.

Petition allowed.

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