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Petitioner: MUHAMMAD SHARIF VS Respondent: StateHonorable Justice Muhammad Afzal SoomroMuhammad Ayaz Soomr,Mushtaque Ahmad Kourejo
2005 P Cr
2005 P Cr. L J 636 [Karachi] Before Muhammad Afzal Soomro, J MUHAMMAD SHARIF---Applicant versus THE STATE---Respondent Cr. B.A. No.542 of 2004, heard on 1st November, 2004.
Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 345---Penal Code (XLV of 1860), Ss. 302/310/324---Bail, grant of---Compromise between parties---Parties had settled their dispute and had patched up their differences and as a consequence thereof all prosecution witnesses appeared before Trial Court exculpating accused from commission of offence---Legal heirs of deceased by affidavits had forgiven accused in the name of God and had no objection if application of accused for grant of bail was accepted---State Counsel also had no objection to the same---Accused was admitted to bail. Muhammad Ayaz Soomro for Applicant. Mushtaque Ahmad Kourejo, State Counsel.
ORDER By this order I intend to dispose of criminal bail application filed on behalf of applicant Muhammad Sharif Katto, for an offence under sections 302, 324, 34, P.P.C. arising out of F.I.R. No.66 of 2003, Police Station Civil Line. The bail plea of the applicant was declined by the learned 1st Additional Sessions Judge, Jacobabad vide order, dated 13-8-2004. The prosecution story as unfolded in the F.I.R. is as under:-- That on the night of incident as usual complainant along with other inmates of the family, were sleeping, after having super. It was 3-00 a.m. (night) complainant party woke upon, on the barking of dogs and saw on the source of electric bulbs that four persons were standing outside the house of their relative Waheed Katto, out of them two had TT pistols, one had gun and third one had hatchet who were breaking the wall. When the complainant party challenged them, accused having TT pistols fired at them, one fire hit to complainant s brother Behram, on his chest and one fire hit to complainant at his right thigh. Meanwhile accused having pistol repeated second fire at his brother which hit at his mouth. They raised cries of murder murder . The accused persons then fled away towards eastern directions along with their weapons. The complainant party then saw his brother Behram who had sustained one entrance injury at his mouth exit from nose and one fire at his chest who had sustained fire injury on his right thigh and was bleeding. Injured Behram died before their eyes. The complainant then lodged the F.I.R. to the above effect. The investigation followed and in due course the applicant was sent up to stand trial in the Court of law. I have heard learned counsel for respective parties and perused the record. It has been contended by the learned counsel for the applicant that the case against the applicant appears to be improbable and false. It has also been contended that the parties have settled their dispute and have patched up their differences, as a consequence whereof all the P.Ws. namely Rehmatullah son of Khair Muhammad, (2) Mukhtiar Ahmed son of Saleem (3) Ghulam Sarwar son of Rehmatullah all by caste Katto, appeared before the learned 1st Additional Sessions Judge, Jacobabad, exculpating the applicant from commission of crime. It is further contended that in the affidavits it has been further asserted that the legal heirs of the deceased have forgiven in the name of Allah Almighty. In view of the compromise between the parties as the relatives of the deceased has shun their differences, and has no objection if the application is granted. Learned counsel for State concedes the above legal position and raised no objection if the application is allowed. Considering the above facts and circumstances, it is directed that the applicant shall be released forthwith if not required in any other case provided he furnishes surety in the sum of Rs.2,00,000 (two hundred thousand) and P.R. bond in the like amount to the satisfaction of the trial Court. The B.A. No.542 of 2004, stands disposed of. H.B.T./M-186/K Bail granted.