ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                       Cr.Bail.Appl.No.S- 703   of    2015

DATE        ORDER WITH SIGNATURE OF JUDGE

14.09.2015.

            Mr. Shamsuddin Khushk, Advocate for applicant.

            Mr. Iram Ahmed, D.D.P.P.

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ABDUL MAALIK GADDI, J:         Through instant bail application, applicant Faisal Khan s/o Zar Manan Pathan seeks post arrest bail in Crime No.33/2015 registered at P.S. B-Section, Latifabad, u/s 324, 353, 34 PPC.

2.         Facts necessary for disposal of this bail application are that on 13.02.2015, ASI Muhammad Asif Ali Jatoi alongwith his subordinate staff left P.S. for search of suspicious persons and vehicles, when they reached near Bismillar city park, Unit No.10 Latifabad, they saw that a black colour motorcycle was coming from Kolhi Vilage, on which three persons were sitting, who on seeing the police party started firing upon them with intention to commit their murder; police party also fired in their self defence. During encounter, police apprehended the present applicant alongwith co-accused Rehmatullah and Faisal Akbar Khan and recovered one 30-bore pistol from each of them in their possession.

3.         Learned counsel for the applicant submits that though it is the claim of police that there was encounter between the police and accused but admittedly none has received even a single injury from the police party or scratch to the police mobile thus, story set up by the prosecution is unbelievable; applicant is innocent and has falsely been implicated by complainant; pistol has been foisted upon the applicant; there is no independent witness of the incident whereas place of incident is a thickly populated area. He further submits that co-accused Faisal Akbar Ali has been granted bail by this Court and the case of present applicant is on same footing, therefore, according to him, following the rule of consistency, applicant is also entitled for the same relief. He further submits that present applicant has also succeeded in obtaining bail after arrest from this Court in connected Crime No.36/2015 registered u/s 23-A, Sindh Arms Act, 2013 at P.S. B-Section, Latifabad.  

4.         In view of above, learned D.D.P.P. recorded his no objection.

5.         It is an admitted fact that alleged encounter in between the applicant and police party continued for a considerable time but it is surprising to note that nobody from the police party had received any injury nor even any scratch to the police mobile is pointed out. It appears that this is a case of ineffective firing. The present applicant alongwith co-accused was arrested from a thickly populated area but no any independent witness has been cited to act as mashir nor the policed made any efforts in this regard. Case has been challaned and the applicant is no more required for further investigation. There is also no question of tampering with the prosecution witnesses as all the witnesses are police officials. Moreoever, co-accused Faisal Akbar Ali has already been granted bail by this Court vide order dated 08.06.2015 and the case of present applicant is identical and on same footing, therefore, by following the rule of consistency, the present applicant is also entitled for the same relief. Learned counsel for the applicant has also placed on record the true copy of order dated 10.07.2015, granting bail to the present applicant / accused by this Court in connected Crime No.36/2015.

6.         In view of above, the applicant has made out a case for grant of bail. Accordingly, he is granted bail subject to his furnishing solvent surety in the sum of Rs.100,000/- (One lac) and P.R. Bond in the like amount to the satisfaction of the trial Court.

                                                                                                            JUDGE

Tufail