ORDER SHEET

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

Cr. Bail Appln. No: 168 of 2009.

Date                            Order with signature of judge.

            1.         For office objection as Flag A.

            2.         For Hearing.                                     

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

Miss Robina Dhamrah, advocate for the  State.

====

27.4.2009.

O R D E R.

KHADIM HUSSAIN M.SHAIKH,J.:-The applicant through this application seeks post arrest bail in Crime NO.3/2009  for offences U/S 324, 353, 34 PPC registered at P.S  Mahotta.

                        Prosecution case as set out in the F.I.R in  nut-shell   is that on 19.2.2009  SIP Muhammad Ameen  Khoso SHO P.S Market alongwith is subordinate staff namely ASI  Abdul Mugheri, LNC Rab Nawaz  PC Muhammad Mithal, PC Arbab Ali, PC Ali Gul and HC Bashir Ahmed Isran   and another police party comprising  ASI  Asghar Ali Kango ASI Muhammad  Waris Bhutto, LNC Abdul Rasheed Bhutto, PC Sudheer Ahmed   as well as Special Team of SP Investigation  comprising HC Khuda Bux, PC Altaf Hussain, PC Shabir Ahmed, on the directions of  S.P Investigation Larkana, carrying arms and ammunition and boarding in the Police Mobiles went along Naudero  road. At about 1500 hours, when they reached near agricultural lands on Naudero bypass road leading towards Akil side, they saw two persons coming towards them, out of whom one was having K.K in his hand and  other took out  pistol from fold of his shalwar and they seeing the police made fires from their weapons straight  at them. The police retaliated and the encounter continued for about 20 minutes, thereafter the police apprehended both the accused.  Out of whom one disclosed  his name  as Abdul  Razzak alias Razoo S/O Ali Hassan Supro R/O Daro Illahi Bux, Taluka Ratodero and the police recovered one K.K loaded with 14 live bullets of 7.62 bore from his possession  and other accused disclosed his name to be Akbar S/O Ghulam Serwar Kourejo  from whom the  pistol loaded with  four live bullets of 30 bore, were secured.  Then the accused alongwith recovered weapons etc. were brought at Police Station Mahotta, where the above  F.I.R was lodged by the  complainant SIP Muhammad Ameen Khoso. 

                        The Complainant states that he fired 80 rounds and whereas the remaining staff will  account for  the rounds  fired  by them in their respective statements. 

                        After investigation the accused were  sent up with the challan to face their trial.  Bail Application for both the accused moved  before the Court of learned 1^st Additional Sessions Judge, Larkana was dismissed vide order dated 31.3.2009.  Hence the applicant Akbar has filed this application.

                        Learned advocate for the applicant has mainly  contended that that no body had sustained any injury  in the alleged encounter, although 730 rounds were allegedly fired by the police parties and no empty of pistol of 30 bore was secured from the place of incident, that the applicant has been falsely involved in this case due to political enmity and as such case of the  applicant requires  further inquiry  into his guilt. The learned  advocate for the applicant  states at bar  that  Bail Application for co-accused Abdul Razzak alias Razoo  has not been filed after his prayer  was declined by the learned Trial Court.  He  placed his reliance upon the cases of  Illahi Bux v. The State (2001 P.Cr.L.J 1731), Abdul Jabbar alias Arbelo alias Mooso and another v. The State (2006 P.Cr.L.J 1033),  and Khawand Dino alias Dadoo v. The State (PLJ 2003 Cr.Cases  Karachi 485).

                        Learned State Counsel opposes the grant of bail to the applicant.

                        I have given my anxious consideration  to the arguments addressed by the counsel for the parties and have gone through the police papers with the assistance of the learned State Counsel, I find that no body from the either side  has sustained any injury though alleged encounter,  per prosecution, lasted for 20 minutes, more than 700 rounds were allegedly fired by the police parties, but only 10 empties  of 7.62 bore and 5 empties of G-3 were shown to have been secured from the place of wardat, the applicant was allegedly armed with  30 bore pistol, but no empty of 30 bore pistol  was found from the place of incident. In case of  Khawand Dino alias Dadoo v. The State (Supra) this court granted bail to the accused in the similar circumstances  as that of the case of the applicant. 

                        In view of  what  has been discussed above,  I am of the opinion that the case of the applicant requires further inquiry into  his guilt  and  his case  is covered by  section 497(2) Cr.P.C which entitles him to the concession of bail, therefore, bail is granted  to the applicant  Akber Kourejo in the sum of Rs.200,000/= (Rupees two lacs only  subject to his furnishing solvent surety  and P.R bond in the like amount  to the satisfaction of  the learned Trial Court. Bail Application stands allowed.

JUDGE