ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

Cr.B.A.No.S-  646 of 2010

DATE                                     ORDER WITH SIGNATURE OF JUDGE

            For hearing.

06.12.2010

Mr. Altaf Hussain Khokhar, Advocate a/w applicants.

Syed Meeral Shah, D.P.G for the State.

                                    =

            Through instant application, applicants seek anticipatory bail in Crime No.130/2010 of P.S Shewan Shareef registered U/s 324, 353, 147, 148, 149, 436, 427 PPC.

            According to prosecution case on 3.8.2010 at about 0030 hours, applicants alongwith 200/250 persons entered in the Circus during the Mella of Hazrat Lal Shahbaz Qalandar. Out of the miscreants, some were armed with pistols who made firing upon the police party with intention to kill them. Police also retaliated firing. Meanwhile, some of the accused who were armed with Dandas caused Danda blows to the employees of Circus and they set on fire the tents of Circus. Meanwhile, police party headed by SHO PS Sehwan reached there, following which accused made their escape good. It is alleged that accused caused damage to the articles of Circus.

            It is inter alia contended by learned counsel for the applicants that applicants are innocent and they have nothing to do with the alleged offence; there are general allegations against more than 250 persons and none amongst the police party or employee of the Circus received any injury and at the most this is a case of ineffective firing. Per learned counsel, four co-accused namely Munoo alias Asif Memon, Ghulam Hyder Solangi, Aijaz Solangi and Ayaz Solangi have been let off by police as their names have been placed in Column No.2 of the challan and the case of applicants is also on same footings therefore, they deserve the same treatment. It is urged with vehemence that co-accused Yasir has been granted post arrest bail by this Court vide order dated 19.10.2010.

            Learned D.P.G for the State did not controvert the contentions raised by learned counsel for the applicants.

            Heard learned counsel and perused the record.

            Admittedly, this is a case of ineffective firing and none amongst the police party or employee of the Circus received any scratch. Under similar allegations, four co-accused have been found innocent by police therefore, no sanctity can be attached to the prosecution story. Co-accused Yasir has also been granted post arrest bail by this Court in Criminal Bail Application No.S-671/2010. Case of present applicants is also on same footings to that of co-accused who have been let off by police. So far as the applicability of Section 324 PPC is concerned, the same would be determined by the trial Court. In the case in hand, the FIR was lodged by police official and during investigation four accused who were nominated in the FIR, found innocent and their names were placed in Column No.2 of the challan. In other words, the Investigating Officer did not believe the version of the complainant.

            For the foregoing reasons, the interim pre-arrest bail already granted to the applicants on 6.9.2010 is hereby confirmed on same terms and conditions.    

JUDGE

Tufail

To,

                        The Additional Registrar,

                        High Court of Sindh,

                        Circuit Court, Hyderabad.

                        The Accountant of this Court may kindly be directed to supply the following stationary/articles for the use of Court work.

1.         Ledger Papers                                               200.

2.         White Papers                                                 One Ream.

3.         Shorthand Note Books.                               02.

4.         Ball Points.                                                    04.

5.         Stapler Pins                                                   One Packet.

6.         Printer Cartridge Ribbon                            01.

7.         Blanko/whitto.                                              01.

            Thanking you.

                                                                        (Andal Khan Channa)

                                                                               P.A to Judge

                                                                                Court No.4.