ORDER SHEET
Cr.
B.A. No. 1331 OF 2008
Cr.
B.A. No. 1332 OF 2008
Cr.
B.A. No. 1399 OF 2008
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Date Order with
signature of Judge
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FOR HEARING.
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11.05.2009
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M/s. Ghulam Rasool
Mangi and Muhammad Naseem, advocates for the applicants alongwith the
applicants.
Mr. Iqbal Kalhoro,
Addl. Prosecutor General, Sindh for the State.
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Since the above titled four criminal bail applications relate to the same incident, which had occurred on 22.10.2008 at 0030 hours within the jurisdiction of Police Station Defence, Clifton Town, Karachi, and resulted in the lodging of three F.I.Rs. No.452/2008, 453/2008 and 455/2008, I propose to dispose of these criminal bail applications by this common order.
2. Narration of facts about the incident, which
is common in the three F.I.Rs., is as under:
“That ASI Salim Raza was on
patrolling duty along with PC Muhammad Moosa 15548, PC Rana Rafi 15165, Driver
PC Muhammad Ashraf 11060 in police mobile Defence I, for prevention of crime,
during patrolling received spy information that notorious narcotic seller
Farooq alias Farooqa s/o Yakoub, his son Irfan, wife Mst. Shah Izzat brother
Haroot s/o Yakoub alongwith one accompanies Rehman Gull s/o Sehar Gull
alongwith Narcotic duly armed going towards Agha Je Hotel inside street are
going to his Adda towards Masoom Shah Colony, on receiving this information, I
A.S.I. alongwith subordinates in the night at about 0300 hours in front of
street of Agha Je Hotel, Kala Pull Hazara Colony reached and encircled them in
the street going towards Railway Track, accused due to fear of their arrest in
order to interrupt in the official duty started firing from TT Pistols upon the
police party in order to kill us, upon
this A.S.I. and other staff in their self defence from the officials weapons
MP-5 and SMG fired upon them in strategy manner, where as the accused succeeded
to escape away from there due to darkness and narrow streets, while throwing
accused Farooq alias Farooqa s/o Muhammad Yakoub, his one pistol TT 30 bore
alongwith 3 live rounds load magazine chamber load without number total 4 rounds,
accused Rehman Gull s/o Sehar Gull holding one thelli in his hand in which dry
pieces of charras weighing approximately one kilo 200 grams, whereas Mst. Shah
Izzat wife of Farooq alias Farooqa holding one thelli in which dry shape pieces
approximately 1 kilo 150 grams, while throwing went away towards Masoom Shah
Colony while firing alongwith his accompanies, thrown weapon and charras were
sealed separately at the spot, were taken into custody, the offence of firing
and interruption in official duty fall within the purview of Sections 353, 324,
34 PPC and for weapons 13-E, Arms Ordinance and Section 6-9(c) of the Anti
Narcotic Acts. Separate F.I.Rs. against all the three accused registered.
3. Mr. Ghulam Rasool Mangi, learned counsel for
the applicants, making reference to the contents of the F.I.Rs. and other
material placed on record, submits that by lodging series of F.I.Rs. against
the applicants, the applicants and their family members are being harassed by
the police. He further submits that this fact is confirmed from the contents of
as many as 13 F.I.Rs. against the applicants, which have necessitated filing of
19 bail applications before the High Court, which are fixed today. As regards
the allegations of the incident, his further submission is that at best the
offence attributed to the applicants is of ineffective firing; recovery of
unlicensed weapon from the place of occurrence and also recovery of narcotic
substance from the place of occurrence and not from the person of any of the
applicants, therefore, case of the applicants regarding these incidents,
subject matter of the three F.I.Rs. needs further enquiry as to their
involvement in the commission of crimes as well as the fact that they have been
involved in these crimes with mala-fide intention.
4. Mr. Iqbal Kalhoro, learned Addl. Prosecutor
General, Sindh for the State candidly did not dispute the facts that no
recovery of any unlicensed weapon or narcotic substance has been made from the
person of the applicants and further this is an incident of ineffective firing
upon the police, which needs further enquiry about the involvement of the
applicants in the commission of such crimes.
5. After careful examination of the material
placed on record and the contents of the three F.I.Rs. of the incident, I am of
the opinion that, prima facie, the applicants have succeeded to make out a case
for grant of pre-arrest bail in their favour. Accordingly, interim pre-arrest
bail allowed to them vide orders dated
19.11.2008 and 04.12.2008 is confirmed in the same terms.
CHIEF JUSTICE