IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Crl: Bail Application No.D-           554     of 2015.

DATE                         ORDER WITH SIGNATURE OF HON’BLE JUDGE

Present:-

                                                  Mr. Justice Aqeel Ahmed Abbasi &

                                                  Mr. Justice Ghulam Qadir Leghari, JJ.

 

FOR HEARING

19th. February, 2016.

M/s Aftab Hussain Shar & Nadeem Ahmed Malik,               Advocates for Applicant/accused.

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

O R D E R

 

                        It is, inter-alia, contended by the learned Counsel for applicant that applicant is innocent who has been falsely implicated in Crime No.96 of 2014 registered under Sections 393, 324, 353 PPC & 7-Anti-Terrorism Act, 1997 & 23(i) (a) Arms Ordinance, at Police Station, Kot Digi by the police of fake encounter, whereas, applicant along with other co-accused persons who were illegally arrested by the police from their house and thereafter have been shown in the instant crime on the allegation of police encounter. Per learned Counsel a petition was also filed before the Sessions Judge regarding their abduction, however, in order to cover-up their illegal arrest, the applicant has been shown in the aforesaid F.I.R. It is further contended by the learned Counsel that on the faces of the contents of F.I.R, it appears that it has been managed, whereas, no one from the police side has received any injury nor even police vehicle has been damaged. Learned Counsel further submits that inspite of the fact that alleged incidence took place on National Highway where there were shops and other houses, however, police has not associated any private mashir or even the driver, conductor or passenger of the bus, which according to police was being robbed by the accused persons. It has been prayed that the applicant may be released on bail, as he is behind the bars for more than 1 ½ years, whereas, not a single prosecution witness has been examined, who are all police witnesses.

2.                     While confronted with the submissions made by the learned Counsel for the applicant, learned  D.P.G for State could not controvert the factual position  as stated by the learned Counsel for applicant, however, submits that since the applicant was arrested along with weapon, therefore, he is not entitled to be released on bail.

3.                     We have heard the learned Counsel for the applicant as well as D.P.G, and perused the record. It appears to be a case of ineffective firing, whereas, no one from the police party has received any injury nor police vehicle has been damaged,  inspite of the allegation that the encounter continued for about 10 minutes, whereas only four empties of 30 bore pistol have been shown to have been recovered from the place of alleged incidence. No private mashir has been associated by the police inspite of the fact that the alleged incidence took place on National Highway, where reportedly there were shops and other houses nor even the driver, cleaner or any passenger of the Bus, which according to prosecution story was being robbed by the present applicant has been shown as prosecution witness. We are of the opinion that the case against the present applicant requires further inquiry. Accordingly, the applicant Fayyaz S/o Allah Wasayo is granted bail in the above crime subject to furnishing a solvent surety in the sum of Rs.2,00,000/- (Two Lacs) and P.R bond in the like amount to the satisfaction of trial Court. However, the applicant is directed to attend the learned trial Court regularly, and in case of any violation of the concession of bail by the applicant, the learned trial Court shall be at liberty to proceed against him in accordance with law.

                        Bail application stands disposed of.

JUDGE

JUDGE                     

A.R.BROHI