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Criminal Bail Application No.246 of 1987, decided on 17th May, 1987.

S.302/34/149/147--Bail, grant of--Medical evidence belying ocular evidence with regard to injuries allegedly caused to deceased by accused--Eye-witnesses were chance witnesses and related inter se--Bail granted.

1984 S C M R 206; P L D 1985 Kar. 27; 1985 S C M R 565; 1984 S C M R 530; P L D 1974 S C 81; P L D 1982 S C 139; 1984 SCMR 128; 1985 S C M R 684 and P L J 1978 S C 290 (sic) ref.

Qurban Ali Chohan for Applicants.

S.Riaz for the State.

According to the FIR lodged on 4-3-1987 at 14.00 hours at P.S. Husri District Hyderabad under sections 149, 147, 302/34 PPC by complainant Ali Bux the present accused with other co-accused Majid Mir Bahar fired his gun on Miran Bux who sustained injuries on his chest and fell down. Other accused attacked him with a wrong side of hatchet, lathis and iron hars. The applicants/ accused Mohammad and Ashraf were said to be armed with lathis and Yousaf with hatchet. The injured Miran Bux died as a result of said injuries. The incident was witnessed by Ali Ahmed Shoro, Khuda Bux Shoro and Mohammad Bux Shoro. The accused /applicant Mohammad was arrested on 4-3-1987 and the lathi was allegedly recovered from him; whereas the accused/ applicants Ashraf and Yousuf were arrested on 9-3-1987 and it is alleged that lathis and hatchet were recovered from them. The said above-named weapons however, were not found blood stained.

All the accused /applicants filed bail application in the Court of Additional Sessions Judge, Hyderabad. Their bail application was dismissed by the learned A.D.J. by order dated 3-5-1987.

The learned counsel for the applicants has urged that the prosecution case mainly rests on the ocular evidence of Ali Ahmed, Khuda Bux and Mohammad Bux who are related inter se and are caste follows of the deceased. The eye-witnesses are chance witness and their presence at the scene of occurrence is doubtful. The allegations made against the applicants/ accused are of general and vague nature and no specific role has been attributed to any one of them. The evidence given by the eye-witnesses is belied by the medical certificate inasmuch as the injuries attributed to the accused applicants are not proved in the post-mortem report. The deceased had not sustained any injury by sharp-cutting weapon or by blue' weapon. In the first instance, the recovery of lathi from accused applicants Nos.1 and 2 and hatchet from accused /applicant No.3 was doubtful, and further since these were not blood stained there was thus no circumstantial evidence available against them. The learned counsel for the applicants /accused placed reliance on the following decisions reported in 1984 S C M R 206, P L D 1985 Kar. 27. 198: SCMR 565, 1984 S C M R 530 and P L D 1974 S C 81.

The learned Counsel for the State, Mr.S.Riaz, opposed the bail application by submitting that it was a case of brutal and premeditated murder. He placed reliance on the following authorities.

P L D 1982 S C 139, 1984 S C M R. 128, 1985 S C M R 684 and P L J 1978 S C 290 (sic).

I have given due consideration to the facts and circumstances of this case. According to the medical report the deceased had two punctured wounds, cavity deep between the chest and abdomen ands there was no other injury. The medical evidence thus belies the ocular evidence, with regard to injuries caused to the deceased by blunt weapon. The eye-witnesses are chance witnesses and they area also related inter-se. I, therefore, direct that the applicants Mohammad s/o Pir Bux, Ashraf s/o Jumo and Yousuf s/o Urs be released on bail on furnishing surety in the sum of Rs.50,000 each and P.R. bond in the like amount to the satisfaction of the Sessions Judge, Hyderabad.

M.Y.H./M-211/K Bail granted.

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