ORDER SHEET
Cr.
B.A. No. 1321 OF 2008
Cr.
B.A. No. 1322 OF 2008
Cr.
B.A. No. 1392 OF 2008
Cr.
B.A. No. 1393 OF 2008
Cr.
B.A. No. 1394 OF 2008
----------------------------------------------------
Date Order with
signature of Judge
----------------------------------------------------
FOR HEARING.
------------
11.05.2009
----------
M/s. Ghulam Rasool
Mangi and Muhammad Naseem, advocates for the applicants alongwith the
applicants.
Mr. Iqbal Kalhoro,
Addl. Prosecutor General, Sindh for the State.
*******
By this common order I propose to dispose of above titled six criminal bail applications relating to F.I.Rs. No.310, 311 and 312 of 2008, Police Station Mehmoodabad, Karachi relating to the same incident dated 03.10.2008, which has been narrated by the complainant as under:
“That on 03.10.2008 during 1600 to 1900 hours SI Riaz Hussain
of Police Station Mehmood Abad was on patrolling alongwith Sub Inspector
Muzaffar Ahmed, A.S.I. Hikmatullah, A.S.I. Haroon, A.S.I. Muhammad Asif, HC
Mumtaz Goondal 14377, HC Shadab Akhtar 9797, PC Abdul Khaliq 17550, PC Tahir
Khan 8934, PC Aslam 15500, PC Ghulam Farooq 14629, PC Barkaat 17151, for prevention of
crimes in the territory, he received spy information that narcotic dealer
Farooq alias Farooqa with companions Haroot Khan, Kako Shah, Nike Shah, Riaz
alias Langa, Waseem alias Sangahnia, Shahzad, Sarzameen alias Kanji, Dilshad
s/o Faqeer Muhammad, are selling the narcotics in the street of Masoom Shah
Colony near Kala Pull, on receiving such information we proceeded through
street of Munawara Masjid, Masoom Shah Colony at 1600 hours to encircle the
said above nine narcotic sellers for their arrest. Accused started firing on
the police party with fire arm weapons, so also police party in self defence
fired upon them for their arrest, I, SI informed on phone the police station
for which S.H.O. Mehmoodabad alongwith Mobile II arrived alongwith police party
comprising of A.S.I. Iftikhar, HC Allah Rakha 15352, PC Safdar Rasheed 13302 at
the place of incident, accused ran away while firing and entered in the House
No.24, police party chased them, so Kanji Mama s/o Maan Khan alias Mehmood Khan
was arrested alongwith 30 bore pistil with five live cartridges load magazine
taken into police custody, on search of the house charras and wine were
recovered, whereas rest of the accused persons were successfully went away,
recovered charras in absence of any private mashir in presence of myself,
A.S.I. Hikmatullah and A.S.I. Haroon were found in plastic packets written
(SHAPES) were opened while cut off and were shown to the police party, who were
satisfied that this the charras and the same were weighing separately in
“terrazzo” and rest were sealed separately, on interrogation of arrested
accused further disclosed that narcotic belongs to him as well as his
accompanies details of Narcotics are as under:
1. Golden Black colour
rods 247 numbers wrapped in President Kava total weighing one kilograms, One
packet were taken as sample for chemical analysis.
2. Light Pink, White,
Blue colour 64 in numbers, S.26 Progress written over their, total weighing one
kilograms, one packet were taken out as sample for analysis.
3. Green colour packet
95 in numbers, SPL ended written weighing one kilogram, one packet was
separated for analysis.
4. White colour packet
patti shape charras 61 in numbers, Knaxi Dilse hnella Gulke, weighing one
kilogram, one packet was separated for analysis.
5. Black colour packet
Patti shape charras in 35 in number, weighing one kilogram, one packet was
separated for analysis.
6. Grey Colour patties
in 14 numbers, words expresso Chinese words were written, total weighing one
kilogram.
Recovered
wine / kuppies bottles 17 in numbers (Katchi Sharab) were sealed in presence of
the witnesses, so also pistol alongwith bullets without number were also sealed
at the spot, so also recovered empties from the place of incident of SMG and 12
empties of 30 bore pistol were taken into custody and sealed, remaining nine
persons ran away and one arrested accused booked under Section 353, 324, 34,
PPC and 6/9(c) of the Narcotic Substances Act and 3/4 of the Prohibition Order
were incorporated and arrested, nine ran away accused, who have fired upon police
party, interfered in the duty have been also booked in the above said offence.”
2. In the first F.I.R. No.310/2008, applicants have been charged with the allegations of ineffective firing alongwith accused Sarzameen Khan alias Kanjee, who was arrested on the spot with the recovery of 30 bore pistol and live cartridges. Recovery of other unlicensed arms has been shown from the spot with the allegations that leaving it the applicants succeeded to make their escape good. In the second F.I.R. No.311/2008, under Section 6/9(c) of the Control of Narcotic Substances Act, 1997, the allegations against the applicants are about their escape from the place of occurrence and recovery of 516 kilograms of charras. In the third F.I.R. No.312/2008 regarding the same incident, the allegations against the applicants are of recovery of liquor from the house.
3. Mr. Ghulam Rasool Mangi, learned counsel for
the applicants making detailed reference to the contents of the F.I.Rs. has
argued that at best it is a case of ineffective firing, with no recovery of
fire arms; narcotic substance or liquor from the person of the applicants, and
their nomination in the three crimes is on the disclosure of their names by the
only accused of the crime namely Sarzameen Khan, who was allegedly arrested on
the spot. Further submission of the learned counsel is that in F.I.R.
No.310/2008 the said Sarzameen Khan and other co-accused Zulfiqar have already
been admitted to bail by the trial Court vide its order dated 18.11.2008,
therefore, the applicants in this crime are also entitled to the confirmation
of pre-arrest bail already granted to them by this Court.
4. Mr. Iqbal Kalhoro, Addl. Prosecutor General,
Sindh for the State during his arguments conceded to the position that the
incident regarding which the above three F.I.Rs. have been lodged, is an
incident of ineffective firing with no recovery of any arms and ammunition,
narcotic substance or liquor from the applicants. He also conceded to the
position that the case of the present applicants in all the three crimes
relating to the same incident is on much better footing than the case of
Sarzameen, the other co-accused, who has already been admitted to bail by the
trial Court, therefore, rule of consistency demands that pre-arrest bail granted
to the applicants may be confirmed in the same terms. More so, when looking to
the facts and circumstances of the case, the possibility of their false
involvement in these crimes, cannot be ruled out.
5. After carefully considering the above
submissions of learned counsel, which are duly supported from the contents of
the F.I.Rs. and other material placed on record, I am satisfied that the
applicants are entitled to the confirmation of interim pre-arrest bail already
granted to them.
6. This being the position, interim pre-arrest bail allowed to the applicants by this Court vide orders dated 19.11.2008 and 04.12.2008 is confirmed in the same terms.
CHIEF JUSTICE