ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Cr. Bail Application No. S- 369 of 2024
Applicants: Liaquat Ali, Ghulam Yasin and Shoukat Ali all by caste Bhayo, Through Mr. Abdul Rehman A. Bhutto.
The State: Through Mr. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh.
Date of hearing: 21-08-2024
Date of order: 21-08-2024
O R D E R
Khadim Hussain Soomro J:- Through instant Criminal Bail Application, the Applicants seek pre-arrest bail in Crime No.66/2024, registered at Police Station Karampur, for the offence under sections324, 353, 225, 148 and 149 PPC.Prior to this, Applicants approached the first forum where they were admitted to interim pre-arrest bail; however, later on, by order dated 26.06.2024, their bail application was dismissed, giving rise to filing instant Application.
2. The details and particulars of the F.I.R. are already available in the bail application;the same could be gathered from the copy of the F.I.R. attached with such Application; hence, it needs not to reproduce the same hereunder.
3. Per learned Counsel, the Applicants/accused are innocent and have been falsely implicated in this case by the police just to show their efficiency in the police department; thatno independent witness has been cited in the case, and all the witnesses are police personnel; that there are general allegations against the applicants/accused. He further contended that no one from either side sustained any injury through firing continued for about ten minutes; that Applicants Ghulam Yasin and Liaquat Ali are police personnel and Shoukat Ali has a job in the Education department, as such, it cannot imagine that they will commit such type of offence but police party at the instance of their rivals lodged this false F.I.R. against all the male members of one and same family and the carrier of applicants is at stake. He, lastly, prayed that the interim pre-arrest bail granted to the applicants/accused may be confirmed.
4. Learned Deputy Prosecutor General Sindh,appearing for the State, recorded his no objection to confirmation of interim pre-arrest bail.
5. Heard learned Counsel for the Applicants and learned Deputy Prosecutor General Sindh and perused the material available on the record.
6. It is incontrovertible that the firing was ineffective; neither the police personnel sustained any bullet injuries, nor did any bullet hit the police mobile during the alleged encounter, despite claims that the accused fired directly at the police with his respective weapons from close range. After obtaining interim pre-arrest bail, the applicant accused joined the investigation, but no weapons were recovered during the investigation.The applicant accused No 1 and 2 are police officials, whereas the applicant accused No 3 is serving in an education department, and there is no previous criminal record of the applicant.The intention of the accused to kill the police officers will be determined during the trial, where the learned trial court will ascertain the truth after examining witness testimony. Furthermore, it is a well-established legal principle that, in evaluating bail, the court must consider the minimum sentence prescribed for the alleged offence as detailed in the schedule. The reliance can be placed in the case of Jamaluddin v. The State (2012 SCMR 573.
7. There is no allegation of misusing the concession of interim pre-arrest bail on the part of the applicants; as such, they are found entitled to be admitted to pre-arrest bail at the point of further inquiry and mala fide. Accordingly, interim pre-arrest bail already granted to the Applicants/accused on 01.07.2024 is hereby confirmed on the same terms and conditions.
J U D G E
S.Ashfaq