THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

 

 

1stCr. Bail Application No. S-477  of 2024

 

Applicants:             Jamsher Chachar& 04 others,

Through Mr.Habibullah G. Ghouri, Advocate.

 

Respondent:          The State, through Mr. Ali Anwar Kandhro, Addl. Prosecutor General, Sindh.

 

 

Date of hearing:               10.09.2024

Date of Order:                  10.09.2024

Date of reasons               10.09.2024

O R D E R

 

KHADIM HUSSAIN SOOMRO, J.-Through instant Criminal Bail Application, applicants Jamsher, Anwar Ali, Abdul Waheed, Muhammad Hashim, all sons of Karamullah and Kareem Ahmed son of Buxio, all by caste Chachar, seek post-arrest bail in the case emanating from F.I.R No.191/2024, registered at Police Station A-Section Kandhkot, District Kashmore at Kandhkot, for offence punishable under Sections 399, 402, P.P.C after their bail plea was declined by the learned Sessions Judge, Kashmore at Kandhkot vide Order dated: 12.08.2024.

2.                  Precisely the facts of the prosecution case are that the complainant HC Ali Murad Sabzoi, lodged F.I.R. on behalf of the State, stating therein that on 05.07.2024, he along with PCs Muhammad Asad, Muhammad Tayab, Amanullah, Hussain Bux, Zafarullah, Ghulam Mustafa and D.H.C. Riaz Ahmed left the P.S. for patrolling purpose and after patrolling the different places when they reached at Highway road they received spy information that 06 persons are standing at Highway Road Mazari curve, the stone were lying on the road, blocked the road with intention to commit offence, after receiving such information the complainant informed the staff and proceeded towards pointed place, saw that the stones were on road, the complainant party stopped their vehicle, the accused persons came towards the complainant party for committing the robbery from them, one with Klashnikov, one with gun and all four accused persons were with lathies, the complainant got down from the vehicle and being advanced towards the accused persons, apprehended all six accused persons with Klashnikov, gun and lathies. The complainant party inquired from them for their names, who disclosed their names as Jamsher, son of Karamullah with Kalashnikov; Anwar Ali, son of Karamullah with a gun; Abdul Waheed, son of Karamullah Chachar, Muhammad Hashim, son of Karamullah, Kareem Ahmed son of Buxio and Abid son of Sikandar Sheikh with lathies and inquired about the license of gun and permit of Klashnkov, who disclosed that Kalashnikov is unpermitted and guns are unlicensed, due to non-availability of private Mashirs, the complainant party made PCs Muhammad Asad and Muhammad Tayab as Mashirs, they made the personal search of accused persons, unloaded the Kalashnikov, there were 30 bullets in magazine and in working condition. From the body search of accused Jamsher, two notes of five hundred denomination were recovered from his pocket and one magazine with 30 bullets, from the side pocket of accused Anwar Ali, five cartridges of red colour, from the accused Abdul Waheed one lathi and 5 note of hundred rupees from pocket, Muhammad Hashim with lathi and 8 note of hundred rupees, Kareem Ahmed with lathi and 8 note of hundred rupees from pocket and Abid with lathi and 5 note of hundred rupees from the pocket. The complainant party sealed the case property and brought the accused and case property to P.S., where F.I.R., to the above effect, was lodged.

 

3.                  Learned counsel for the Applicants has contended that the applicants/accused are innocent and have been falsely implicated by the complainant with malafide intention and ulterior motives; that no police official was injured in the alleged incident; that the weapons attributed to the applicants/accused are foisted one and no specific role has been assigned against the applicants/accused. Therefore, he prayed that the applicants/accused may be enlarged on bail. 

 

4.                  Learned Additional Prosecutor General, Sindh, appearing for the State, has vehemently opposed the grant of bail to the applicants/accused on the ground that the names of the applicants/accused are mentioned in the F.I.R that the weapons recovered from the Applicants are not foisted; therefore, they are not entitled to the concession of bail.

 

5.                  I have heard learned counsel for the Applicants, learned Additional Prosecutor General Sindh, and perused the material available on record. 

 

6.       Section 399 of the Pakistan Penal Code addresses the preparation for committing dacoity, while Sections 400 and 401 pertain to individuals associated with gangs of dacoits and thieves. No evidence on record indicates the accused's prior involvement in any dacoity or theft cases. The application of Sections 399, 400, and 401 of the Pakistan Penal Code requires further investigation and does not fall under the prohibitory clause of Section 497 of the Criminal Procedure Code. Consequently, bail is generally granted in such cases. No exceptional circumstances exist in the present case that justify denying the petitioner bail.

 

7.                  In view of the above, instant bail application was allowed vide short Order dated 10.09.2024 and Applicants Jamsher, Anwar Ali, Abdul Waheed, Muhammad Hashim and Kareem Ahmed were admitted to bail subject to their furnishing solvent surety in the sum of Rs.50,000/- (Rupees fifty Thousand) each and P.R bonds in the like amount to the satisfaction of the learned trial Court. These are the reasons for my short Order dated 10.09.2024.

8.                  Needless to mention, the observations made hereinabove are tentative in nature and would not influence the learned Trial Court while deciding the case of either party at trial.

                                                                 Judge

 

M Yousuf P/**