IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Cr. Bail Appln. No.  S-744 of 2024

Applicants	Anwar s/o Sauzal @ Sauz Ali Hameer s/o Allah Rakhio Both by caste Jakhrani
	Through Mr. Habibullah G. Ghouri, advocate, advocate
The State	Mr. Ali Anwar Kandhro, Additional Prosecutor General for the State
Date of hearing	16-01-2025
Date of order	30-01-2025

O R D E R

OMAR SIAL, J.- Anwar and Hameer have applied for post-arrest bail. They are both accused in a case arising out of F.I.R. No. 02 of 2024, registered under sections 302, 311, 148, and 149 P.P.C. at the Baqa Mohammad Jakhrani police station.

2.       The F.I.R. was registered on 30.01.2024 on information provided by A.S.I. Arsallah Jakhrani. Jakhrani reported that at 0100 hours, he received spy information that Akbar alias Laloo Jakhrani was planning to murder Ayoub Jakhrani. A police party led by the A.S.I. went to the identified place,where they saw six armed men, who were all identified and included the applicant. All the men were inflicting their weapon butt blows on Ayoub. Akbar then pulled out a pistol and shot Akbar, due to which he subsequently died.

3.       I have heard the learned counsel for the applicants and the learned Additional Prosecutor General. The mother, brother, and widow of the deceased Ayoub had, however, appeared at an earlier date and swore affidavits stating that the two applicants were not involved in Ayoub’s killing.

4.       As has been the trend in such cases, a non-existent investigation has taken place. In many instances, this Court has been highlighting such investigations and cautioning the police that courts of law must decide on the evidence before them. If a quality investigation is not done, the result will be that people who may be guilty of the crime will go scot-free. Unfortunately, not an iota has changed.

5.       A police party sees a man being beaten by six armed men, out of whom one takes a pistol and kills the man being beaten, yet all six assailants manage to escape on foot without any resistance or shots fired by the police. It appears from the F.I.R. that each assailant was known by name and parentage by the police, which I find odd. If they were all identified, the police did nothing to cause their arrests.

6.       The post-mortem report shows that Ayoub primarily died due to the injury sustained from the one shot fired at him allegedly by Akbar. Only one empty was found at the scene of the offense. The police allege that all six accused persons were beating Ayoub with the butts of the weapons they carried before he was shot. The post-mortem report of the deceased doesn't support this ocular version. Apart from the bullet injury on the head, there are two other lacerated injuries on the body.

7.       If the two applicants were present on the spot and whether they shared a common intention with Akbar of killing Ayoub, will have to be determined at trial. At this stage, upon a tentative assessment, and based on the post-mortem report, it can be said that as they were armed, there was nothing to stop them from also shooting.

8.       The police did not collect any evidence against the applicants apart from a sketchy story narrated by the complainant and his colleagues. Due to this lack of evidence, I am constrained to admit the applicants on bail. They are both admitted to bail. Both will submit two sureties each, each being for Rs. 500,000/- (Rupees Five Lacs) and P.R. Bonds for the same amounts to the satisfaction of the learned trial court.

JUDGE