ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

  Cr. Bail Appln. No:  S-418 of 2012.

Date                          Order with signature of judge.

For  Hearing.

05.11.2012.

Mr. Rafique Ahmed K. Abro, advocate for the applicant/accused.

Mr. Abdul Rasheed Soomro, State Counsel.

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NAIMATULLAH PHULPOTO,J.:-      Applicant/accused Arbab Ali seeks bail in Crime No.31/2012 registered against accused at P.S Abad  District Jacobabad on 04.08.2012 U/S 324, 353, 412, 34 PPC.

                        Brief facts  of the prosecution case  as disclosed in the FIR are that on 04.08.2012  SHO P.S Abad   left P.S vide roznamcha entry No.15 at 0300 hours   alongwith subordinate  staff for patrolling.    While patrolling  he received wireless message  that one Toyota Corolla XLI car No.GS7985 Model 2003 white colour   snatched from the jurisdiction of P.S Shahrah e Faisal Karachi was  being brought  to the Jacobabad.   Such case was  registered at Karachi.  On such information, nakabandi was held. At about 0400 hours a car  white coloured  appeared  on the road  in which two persons were  sitting.   Police directed the car driver to stop it on which car was stopped. As soon as car  was stopped, persons sitting in the car got down and drew out   T.T pistols from their folds of shalwars and started  firing upon the police party.  Police party also fired  in self defence  which lasted for 10 minutes  thereafter  it is alleged that accused were arrested in  presence of mashirs HC Nizamuddin and  PC- Qaimuddin  and T.T pistols were  recovered from the possession of accused.  On inquiry, they disclosed their names as Arbab Ali S/O Lal Mohammad Brohi (present applicant) and Naseer Ahmed S/O Imam Bux Pathan  and stated that  T.T pistols were  without  license and car bearing No.GS7985  was snatched by them  from Shahrah-e Faisal Karachi.  Thereafter, accused were arrested, mashirnama of arrest and recovery was prepared and FIR was lodged on behalf of the State under the above referred sections.

                        After usual investigation  challan was submitted against the applicant  under section 324, 353, 412, 34 PPC  case was sent  to the Court of Sessions Judge, Jacobabad.  Bail application on behalf of applicant was moved before the Court of learned Sessions Judge, Jacobabad same was rejected vide order dated 17.08.2012.  Thereafter applicant  has approached  to this Court.

                        Learned counsel for the applicant contended that despite firing  with the  sophisticated weapons  which lasted for 10 minutes none received injury in the incident from either side.  It is argued that prosecution story is highly doubtful.  All P.Ws are police officials, case has been challaned, there is no question of tampering with prosecution evidence.  Applicant is victim of police enmity.

                        Mr. Abdul Rasheed Soomro, State  Counsel  conceded  to contentions raised by the learned counsel for the applicant and recorded no objection to the grant of bail.

                        I am  inclined to grant bail to the applicant Arbab Ali for the reasons  that despite cross firing for sufficient time no one received  injury in the  incident.  All the P.Ws are police officials.  Challan  has  already  been submitted and there is no question of tampering  with the evidence.  

                        For the above reasons I hold  that prima facie case against the applicant/accused Arbab Ali requires further inquiry as contemplated U/S 497(2) Cr.P.C  therefore, concession of bail is extended to the applicant/accused on  his furnishing solvent surety in the sum of Rs.200,000/= and P.R bond in the like amount to the  satisfaction of trial Court.

JUDGE