ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Bail Appln.    No.S-570              of  2011.

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

1. For orders on office objection as Flag ‘A’.

2. For orders on M.A.No.2261/2011.

3. For Hearing.

24.2.2012.

                        Mr. Faiz Muhammad Larik advocate for applicants.

                        Mr. Imtiaz Ahmed Shahani, State Counsel.

                                                -.-.-.-.-.-.-

                        Applicants have applied bail in Crime No.299/2011, Police Station A-Section Kandhkot lodged under section 399, 402, 148 & 149, PPC. Complaint was lodged by HC Illahi Bux Jafferi on behalf of State, in which it is stated that the police party received spy information that one gang of dacoits is standing at link road leading towards Degree College with intention to commit robbery. When the complainant along with other police personnel reached at the pointed place, they saw on the headlight of the vehicle that seven culprits were standing there duly armed with weapons in which the names of present applicants are included. It is further stated in the FIR that on seeing the police party, the said culprits escaped away.  After reaching at Police Station,  the FIR was lodged.

                        In support of bail application learned counsel argued that the basic ingredients of Section 402, PPC are missing. He further argued that in case of prior information, the police party was required to associate independent witnesses but all the witnesses are police personnel and there are no reasonable grounds to believe that the applicants have committed any offence. The case has been challaned and applicants are no more required for further investigation. Learned State Counsel conceded his no objection to the grant of bail.

                        After hearing the arguments of learned counsel, I have reached to the conclusion that though in the FIR the names of the present applicants are mentioned and the FIR was lodged on the spy information but at present nothing is mentioned except that they were allegedly dacoits and found standing at the pointed place and ran away to see the police personnel and no specific allegation or overt act has been mentioned in the FIR. In the present circumstances, I feel that it is the case of further enquiry and the applicants are granted bail subject to their furnishing solvent surety in the sum of Rs.100,000/- each and P.R bond in the like amount to the satisfaction of the trial Court.                                                                                                             Judge