ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constt. Petition No. S- 80 of 2012.

 

Date of hearing

Order with signature of Judge

 

1.                 For orders on office objection.

2.                 For order on M.A No. 415/2012.

3.                 For order on M.A No. 416/2012.

4.                 For hearing.

 

24.02.2012.

 

          Mr. Nisar Ahmed Abro, Advocate for applicants.

          Mr. Ali Raza Pathan, State counsel.

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Muhammad Ali Mazhar, J:    All the applicants are police officials; they have applied bail in crime No.07/2012, of P.S Civil Line, Larkana, lodged under section 119, 166, 34 P.P.C and 29 of the Police Act.

 

2.       On 16.01.2012, SIP Abdul Waheed Mangi on behalf of the State lodged F.I.R, that the present applicants were assigned task of providing security to some prisoners for bringing them in Court and in their presence one prisoner Habibullah took out pistol from his fold and fired upon other prisoners Mashooque Ali and Darban Ali, due to which prisoner Mashooque Ali expired and since the present applicants failed to perform their duty and committed gross negligence, therefore, F.I.R has been lodged against them.

 

3.       Learned counsel for the applicants argued that except section 119 P.P.C, all the offences mentioned in the F.I.R are bailable. He submitted copy of order of Superintendent of Police Headquarter, Larkana, dated 02.02.2012, which was communicated to the S.H.O P.S Civil Line that the above applicants be sent up for trial under section 166, 34 P.P.C and section 29 of the Police Act in the Court of law.  Learned counsel argued that now all the offences are bailable and the applicants are entitled to be released on bail.

 

4.       Learned State counsel has also sent the letter of S.P Headquarter and in view of that he has no objection if the applicants are granted bail.

 

5.       In view of the above, the applicants are granted bail subject to their furnishing solvent surety in the sum of Rs.50,000/- each with P.R bond in the like amount to the satisfaction of trial Court.

 

6.       The bail application stands disposed of.

 

 

 

 

                                                                                      Judge

 

 

 

 

Ansari/*