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Criminal Bail Application No. 1420 of 1985, decided on 17th November, 1985.

--S. 497--Counter-versions--Counter-cases registered against parties- Both sides sustaining fire-arm injuries--Long-standing enmity existing between parties--No overt-act attributed to accused--Alleged complicity of present accused in commission of crime, held, needed further inquiry--Bail was, therefore, granted.

Jawaid Haider for Applicants.

Abdul Ghafoor Mangi, A.A.-G. for the State.

The applicants Umer Farooq, Abdur Rashid and Dilber Khan are involved alongwith six others in a murder case registered at Police Station Jamshed Quarters, Karachi, on 12-10-1985, on a report lodged by one Bashir Ahmad. It is alleged that all of them made armed attack on the complainant Bashir Ahmed and his brother Manzoor Ahmed at their shop at Lasbella Market and shot them from fire-arms and caused death of Manzoor Ahmed due to enmity. It is specifically alleged that Siddique Ahmed, Bashir Ahmed and Riaz from amongst the assailants made firing at Manzoor Ahmed and caused him injuries. One Abdul Sattar from amongst them is alleged to have played role of instigation. The present applicants were allegedly armed with clubs and Chhuris.

The applicants filed bail application in the Court of Sessions Judge, Karachi East and it was rejected by order, dated 31-10-1985.

The learned counsel for the applicant has urged that as many as nine persons have been involved and only one person is said to have been shot at. He has pointed out that the allegations of shooting at the deceased have been attributed to Siddique Ahmed, Bashir Ahmed and Ayaz, who are not amongst the applicants. He has made reference to post-mortem report, which shows that the deceased Manzoor Ahmed had sustained three fire-arm injuries out of which two were entry wounds and one was exit wound. The learned counsel has also made reference to a counter-report lodged on the same day by applicant Abdur Rashid at the same police station. A certified copy of the counter report has been filed. It is alleged therein that deceased Manzoor Ahmed had made firing from a revolver at the applicant Abdur Rashid and his brother Siddique Ahmed. He has filed a photostat copy of medical certificate showing that Abdur Rashid had sustained a fire-arm injury on his right illial region. The learned counsel has made reference to several authorities wherein bail was granted to the accused whose complicity in commission of respective crimes was of vicarious nature.

The learned Assistant Advocate-General has not opposed the application on the consideration that no overt act has been attributed to the applicants herein.

There are counter-cases between the parties and fire-arm injuries were sustained on either side. It is disclosed in both the F.I.Rs. that there was long-standing enmity between the parties. The death of deceased Manzoor Ahmed has been directly attributed to Siddique, Bashir Ahmed Und Ayaz. In these circumstances, alleged complicity of the applicants in commission of the crime needs further inquiry. Bail is granted in the sum of Rs.25,000 with one surety to each of the applicant to the satisfaction of the trial Court.

S.A. Bail granted.

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