ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD.

Criminal Bail Application No.S-874 of 2016

Date of hearing:                      04.01.2017.

Date of decision:                     04.01.2017.

ApplicantS:                              (1) Muhammad Jameel and (2) Muhammad Qasim through Mr. Muhammad Shafique Khan, Advocate.

Respondent:                            The State through Mr. Shahid Ahmed Shaikh, A.P.G. Sindh.

O R D E R

KHADIM HUSSAIN TUNIO, J: - Through instant application, the applicants / accused seek post arrest bail in crime No.85 / 2016 of PS Hali Road, Hyderabad under sections 353, 324, 147, 148, 149, 224, 225 PPC. Applicants / accused approached with the same plea to the Court of learned 3^rd Additional Sessions Judge, Hyderabad, which has been declined vide order dated 22.09.2016.

2.         In nutshell accusation is that applicants along with co-accused deterred the police of PS Hali Road and made straight firing with intention to commit their Qatl-i-amd, for which FIR was registered.

3.         Learned counsel for the applicants submits that this is case of in-effective firing; that none has received any injury in the alleged encounter; that the PWs are police officials and subordinates to the complainant; that the applicants / accused are behind the bars since 10.09.2016.

4.         Conversely, learned A.P.G. has vehemently opposed the bail plea of applicants / accused.

5.         It is an admitted position that none has received injury. It is also admitted position that all the PWs are police officials. It is further admitted position that no empty of SMG has been secured from the place of scene by the Investigating Officer. All the sections applied in the FIR are bailable while applicability of section 324 PPC is to be determined at the trial. Applicants / accused are in custody and no more required for further investigation. Case has already been challaned. The applicants / accused are behind the bar since 10.09.2016 and no purpose would be served to keep the applicants / accused behind the bar for an indefinite period.

6.         For the foregoing reasons, the applicants /accused have succeeded to make out their case for bail. Accordingly they are admitted to post arrest bail subject to their furnishing solvent surety in the sum of Rs.50,000/- (Fifty thousand only) each and PR bond in the like amount, to the satisfaction of trial Court.

JUDGE

*Abdullah Channa/P.S*