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Criminal Bail Application No. 545 of 1985, decided on 9th July, 1985.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 307‑‑Bail, grant of‑‑Injured witnesses fired at from some distance and applicants allegedly identified in light of a lamp‑‑Crime weapons also not secured from applicants‑ Although applicants in jail for last about 11 months yet case not proceeded any further‑‑Applicants allowed bail, in circumstances.

Ghulam Hyder and others v. State 1983 S C M R 790 ref.

Khan Muhammad Mashori for Applicants.

Hasan Akbar, A.A.‑G. for the State.

Date of hearing: 9th July, 1985.

This is an application for bail on behalf of the applicants Siddique and. Jab bar who are charged for causing injuries with pistols to Murad Ali and Manjho.

Brief facts of the case are that on 3‑8‑1984 at 9‑00 p. m. complainant Khamiso heard a call from western side of his house. He alongwith his son Murad Ali and nephew Manjho went outside and after covering some distance when they reached near Juwari cultivation of Manjho, saw Jabbar, Siddique with pistols, Suhao and one unknown person with Lathis. Complainant told accused to come near on which Jabbar and Siddique fired direct shots which hit Murad Ali and Manjho while others threw their Lathies at them but no one sustained Lathi injuries. Jabbar and others came and they were informed about the incident. Complainant Khamiso Khan went and lodged report at Police Post Jam Sahib at 11‑30 p. m. It is stated that complainant Khamiso had a lamp in his hand on which accused were identified.

Mr. Khan Muhammad Mashori, learned counsel contended that identification is doubtful and this case has been filed against the applicants due to enmity. He has further argued that injured remained in hospital for 15 days only, therefore, the injuries cannot be termed as grievous. It is contended that case has not proceeded though accused remained in Jail for 11 months.

Mr. Hasan Akbar, learned A.‑A.G. has opposed the bail application and stated that there is specific allegation against the accused for causing injuries to Murad Ali and Manjho with pistols and medical evidence supports.

It is mentioned in the F.I. R. that the complainant Khamiso had lantern in his hand on which the accused were identified. The case of prosecution is that the complainant and two injured went outside of the house in pursuance of the call. It is further alleged that the complainant and two witnesses covered about 11 Acres distance and then they asked the culprits to come near and at that time they identified the accused. On perusal of the medical certificate it appears that there is neither charring nor blackening on the injuries of Murad Ali and Manjho from which it is clear that they were fired from some distance and the identification is on lamp having in the hand of the complainant. In these circumstances it could rightly be argued that possibility of mistaken identity cannot be ruled out. The crime weapons have not been secured from the applicants. The lamp was produced on 4‑8‑1985 at 6‑30 a. m. when police reached at the Wardat on the same night and remained there till next morning. It is also not mentioned in the Mashirnama whether the lamp was in working order. The applicants have remained in Jail for more than 10 months and it is stated at the bar that trial has not started. The bail on such delay was granted by Supreme Court in a case of Ghulam Hyder and others v. State reported in 1983 S C M R 790 in a case under sections 323, 325, 392 where accused remained in Jail for more than 8 months and no witness was examined. The enmity is admitted and it is in the F.I.R. that the applicants were suspected for committing theft of complainant. In these circumstances I am of the view that this is a case for further enquiry. Applicants are admitted to bail on furnishing two sureties in the sum of Rs.30,000 each to the satisfaction of the learned Sessions Judge, Nawabshah.

S. G. D. Bail allowed.

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