ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Crl: Bail Application No.D- 109 of 2016.

Present:- Mr. Justice Aqeel Ahmed Abbasi&

Mr. Justice Muhammad Faisal Kamal Alam, JJ.

FOR HEARING

19^th. May, 2016.

Mr. Haji ShamsuddinRajper, Advocate for Applicant.

Mr. Zulfiqar Ali Jatoi, D.P.G for State.

It is, inter-alia, contended by the learned Counsel for the applicant that applicant is innocent who has been falsely implicated by the police, whereas, the concerned S.H.O namely SIP GhulamSarwarDreho is inimical dispose towards the applicant and his community people. It has been further stated that this is a case of false police encounter, which has never taken place, whereas, none of the police party has received neither injury nor the vehicles have been shown to be damaged. Moreover, per learned Counsel no recovery whatsoever of the weapons from the present applicant has been made, whereas, the applicant had voluntarily surrendered himself before the learned trial Court for the purpose of obtaining bail before arrest, however, such bail application of the applicant was dismissed and the applicant was remanded to jail custody. Per learned Counsel, the applicant has no previous criminal record, whereas there is no such material available with the prosecution to connect the present applicant with the commission of alleged offence. Per learned Counsel, the matter requires further inquiry, hence requests that the applicant may be released on bail subject to furnishing solvent surety.

Learned D.P.G for the State could not controvert the submissions made by the learned Counsel for the applicant, however submits that incidence took place and co-accused person namely Ali AkberShar who had sustained firearm injuries during the police encounter at the hands of police.

We have heard the learned Counsel for the applicant and have perused the record, which reflects that the alleged incidence as reported by the police regarding police encounter which continued for more than ten minutes, no one has received injuries from the side of police party, nor the polic mobile or vehicle shown to have been damaged or received fire shots. The applicant has no previous criminal record, whereas, no recovery of the alleged weapons, whatsoever, has been affected from the present applicant, who had voluntarily approached the learned trial Court for the purpose of obtaining bail before arrest. We are of the opinion that the matter requires further inquiry and possibility of false implication of applicant by the police cannot be ruled-out altogether. Accordingly, the applicant is granted bail subject to his furnishing a solvent surety in the sum of Rs.2,00,000/- (Two Lac) and PR bond in the like amount to the satisfaction of learned trial Court. It is clarified that in case the applicant misuses the concession of bail, the learned trial Court will be at liberty to proceed against the applicant in accordance with law.

JUDGE

JUDGE

A.R.BROHI