ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. B. A. No.612 of 2017

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Date Order with signature(s) of Judge(s)

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Present: Mr. Justice Naimatullah Phulpoto

Mr. Justice Rasheed Ahmed Soomro

Muhammad Shoaib ………….…….versus……………………….The State

O R D E R

31.08.2017

Mr. Nazeer A. Shaikh, advocate for applicant

Mr. Muhammad Iqbal Awan, D.P.G.

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Applicant/accused Muhammad Shoaib seeks post arrest bail in F.I.R. No.185/2014, registered against the accused and other at police station New Karachi Industrial Area, Karachi for offences under sections 353, 324, 34, 302, 395, PPC read with section 7 of the Anti-Terrorism Act, 1997.

2. Brief facts of the prosecution case as disclosed in the F.I.R. are that on 23.07.2014, S.H.O. P.S. Super Market lodged his report, alleged therein that he along with ASIs Abdul Jabbar, Maqsood, Tanveerleft in the police mobile in search of proclaimed offenders of P.S. New Karachi Industrial Area, Karachi. It is alleged that on the way S.H.O. received spy information about the presence of the culprits involved in sectarian terrorism, namely, Umer Farooq, Shaukat Rawan, Saqib, Muhammad Khalid alias Muhammad Hussain, Shoaib Dhaniya. After receipt of such information, S.H.O. along with other police officials proceeded to pointed police at reached there at 12:45 hours. Police tried to encircle the culprits on which it is alleged that culprits started firing upon the police party to deter them from discharge of their official duties. Police also filed in self defence. During cross firing, it is alleged that accused Umar Farooq filed at ASI Abdul Jabbar and fire hit him at his head. Accused Saqib Kurkur also fired upon the ASI, which also hit him on his right hand. It is further alleged that all the culprits gave beating to injured ASI Abdul Jabbar, in the meanwhile, it is alleged that accused Shaukat Rawan fired upon ASI Abdul Jabbar. Allegation against the present applicant/accused is that accused Shoaib Dhaniya in the meanwhile picked up the official SMG of ASI Abdul Jabbar and succeeded in running away. Police chased the culprits and apprehended accused Umer Farooq. On the personal search of accused Umer Farooq, one 30 bore pistol with empty magazine was secured from his hand and on further search cash of Rs.500/- was recovered from his pocket. Dead body of ASI Abdul Jabbar was then referred to Abbasi Shaheed Hospital for postmortem and examination report. F.I.R. bearing Crime No.185/2014, registered against the accused and other at police station New Karachi Industrial Area, Karachi for offences under sections 353, 324, 34, 302, 395, PPC read with section 7 of the Anti-Terrorism Act, 1997.

3. After usual investigation, challan was submitted against the accused before the learned Judge, Anti-Terrorism Court-III, Karachi.

4. Bail application was moved on behalf of the applicant/accused before the trial, the same was rejected vide order dated 02.11.2015.

5. Learned advocate for applicant/accused mainly contended that applicant did not participate in the firing upon the police party. It is further contended that allegation of picking up of official SMG of ASI Abdul Jabbar was false. It is also contended that such official SMG has not been recovered from the possession of the applicant/accused and the case of the applicant/accused requires further inquiry.

6. Mr. Muhammad Iqbal Awan, D.P.G. argued that applicant/accused had participated in the police encounter and it was immaterial that fatal injury was not attributed to him. Learned D.P.G. argued that appellant had taken away official SMG of Abdul Jabbar from the scene of occurrence as he found ASI Abdul Jabbar lying dead. He has opposed the bail application.

7. After hearing the learned counsel for the parties, we have carefully perused the contents of the F.I.R., 161 Cr.PC statements of the PWs and other material collected by the IO during investigation. Applicant/accused has been fully implicated in the commission of offence. Specific role has been assigned to him that he had picked up the official SMG of ASI Abdul Jabbar and make his escape good from the scene of occurrence and he could not arrested during the investigation, as such, hampered the investigation. Learned D.P.G. has pointed out that final report under section 173 Cr.PC was submitted on 12.04.2014. After one year, accused applied for bail before arrest and that was declined. Law is settled by now that a fugitive of law loses his right of audience before the Court. Prima facie there are reasonable grounds for believing that applicant/accused his committed the alleged offence which is punishable for death or imprisonment for life. No case for bail is made out. However, trial Court is directed to decide the case expeditiously.

J U D G E

Gulsher/PS