ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Bail Appln. No.520  of 2012. 

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

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

2. For Hearing.

07.12.2012.

                   Mr. Shahbaz Ali Brohi, advocate for applicant.

                   Mr. Abdul Rasheed Soomro, State Counsel.

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

                   Applicant/accused seeks bail in Crime No.155/2012 registered against him at Police Station Khanpur for offences punishable under section 353, 324, 34, PPC.

                   Brief facts of the prosecution case as disclosed in the FIR are that on 01.9.2012, SHO PS Khanpur was present at Police Station . He received a telephone call from Syed Akbar Ali Shah that two persons have snatched from him cash and a mobile phone and during incident a fire hit to one culprit at the hands of another. On such information, police party proceeded to the pointed place, and saw two accused persons, one was carrying Klashnikov and he was injured, another accused was carrying T.T pistol. It is alleged that there was cross firing between the police and the accused persons for twenty minutes. Thereafter both the accused were caughthold. On enquiry one accused disclosed his name as Jamsher S/O Laloo Dodani and another  accused disclosed his name as Khalid S/O Shahzado Jatoi and one K.K without permit was recovered from accused Jamsher. One T.T Pistol along with magazine containing one live bullet were recovered from possession of accused Khalid Jatoi. Mashmirnama of arrest  and recovery was prepared. Accused were brought at Police Station. FIR was lodged against the accused on behalf of the State U/S  353, 324 & 34 PPC.

          After usual investigation challan was submitted against accused U/S 353, 324 & 34 PPC. Bail Application was moved on behalf of applicant Khalid before the Court of learned Sessions Judge, Shikarpur and the same was dismissed vide order dated 05.10.2012. Thereafter applicant has approached to this Court.

                   Mr. Shahbaz Ali Brohi, learned advocate for the applicant has contended that despite firing with sophisticated weapons from both the sides none has received injuries. Prosecution case is highly doubtful. All the Prosecution Witnesses are police officials. There is no question of tampering with the evidence. Case has already been challaned. In the connected case bearing Crime No.154/2012, PS Khanpur under section 392, PPC, bail has been granted to the applicant/accused by learned Civil Judge & Judicial Magistrate Khanpur on 31.10.2012. In support of his contentions, learned counsel for the applicant has relied upon the cases of Ashfaq Kareem alias Khalil-ur-Rehman versus The State 2009 P.Cr.L.J 679 and Badal versus The State 2007 P.Cr.L.J 895.

Mr. Abdul Rasheed Soomro, learned State Counsel argued that name of the applicant transpired in the FIR and he had fired upon the police party with intention to kill them. Un-licensed T.T pistol was recovered from his possession.  Case is a fresh one.  He has opposed the bail application.

                   I have heard learned counsel for the parties and perused the record available on record.

          In my view prima facie a case for grant of bail to the applicant is made out for the reason that applicant fired upon police party but no body was injured in the firing made by both the parties. Ingriedents  of section 324 PPC yet to be determined at  trial. All the P.Ws are police officials. There is no question of tampering with the evidence.  Case has already been challaned.  Applicant/accused has already been grnated bail in Crime No.154/2012 registered at P.S Khanpur U/S 392 PPC. Apparently case of the present applicant is distinguishable from the case of co-accused Jamsher. In above circumstances, apparently false implication of applicant can not be ruled out. I, therefore, hold that prima facie a case against the applicant requires further enquiry as contemplated under sub-section (2) of Section 497, Cr.P.C. Therefore, concession of bail is extended to the present applicant subject to his furnishing solvent surety in the sum of Rs.200000/- (Rs. Two lacs only) and P.R bond in the like amount to the satisfaction of the trial Court.

                    Needless to mention here that the learned trial Court shall not be influenced by observation made in this order while deciding the case of the applicant as the observation made hereinabove are tentative in nature.

JUDGE