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Criminal Bail Application No. 1135 of 1979, decided on 22nd Decem ber, 1979.
----S. 497-Bail -- No specific part assigned to petitioner in commission of offence nor weapon of offence allegedly carried by petitioner named in F. I. R. and absconsion of co-accused not being a fact depriving petitioner to secure bail-Allegations against petitioner, held, war rant further enquiry and bail allowed.
Maqbool Ahmad Khan for Applicants.
Mohammad Ally, Asstt. A.-G. for the State.
Date of hearing: 22nd December, 1979.
The incident in this case had taken place on 24th August, 1979 at morning prayer time and F. I. R. was lodged by Bakshee at 8.30 a.m. at P. S. Khanpur where it was alleged that the complainant, his father, his mother, his wife and son Ghulam Qadir were sitting in their house when 18 or 19 armed men came with their faces open. Names of 18 persons are given in the F. I. R. who are all alleged to be Bezdars. Khan Mohammad, Mehar, Hidu, Manglo and Bangui accused were armed with guns, whereas other accused had other weapons. The accused started firing immediately. The complainant hid himself. After firing, the accused went away saying that Lunds have murdered Bezdars, there fore, we avenged it. As a result of firing, father and mother of complainant died and his wife and son were injured. Only four accused out of 18 have been arrested so far, other 14 are in hiding. Out of present 4 applicants only one Hidu was alleged to be carrying gun and having used it. The other applicants were not carrying any gun. Mr. Maqbool Ahmad Khan has stated that he does not press for the grant of bail to Hidu as there is specific part assigned to him in F. I. R. Consequently, the appli cation of Hidu is rejected. Mr. Maqbool states that Sachu, Shahmir and Allah Bux have not been assigned any role in the F I. R. nor is it specified as to what weapon of offence they were carrying and their participation is therefore doubtful. He further states that identification of 18 persons at morning prayer time is rather difficult. Mr. Mohammad Ally, Assistant A.-G. on the other hand argues that 14 other accused are still absconding and that F. I. R. was lodged without any delay and the names of these applicants are clearly mentioned in the F. I. R. therefore, their participation in the crime is established.
2. In view of the fact that no specific part is assigned to Sachu, Shahmir and Allah Bux of participation in the crime and also because of the fact that the weapons which these applicants were alleged to be carrying are not named in the F. I. R. nor is there any injury upon any of the injured by any other weapon than a gun, I consider that enquiry is necessitated into the guilt of these persons. The factum of absconsion of other accused cannot deprive the present applicants to secure bail, if the allegations against them warrant a further enquiry into their guilt. I would, therefore, order that Sachu, Shahmir and Allah Bux be released on bail on furnishing P. R. and one surety for each of them in the sum of Rs. 10,000 to the satisfaction of IIIrd Additional Sessions Judge, Sukkur.
Bail allowed.
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