ORDER SHEET

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

Cr. Bail Appln. No.S- 651   of   2023.

Cr. Bail Appln. No.S- 653   of   2023.  

Date of hearing                                Order with signature of Judge.

1.For orders on office objection as flag A.

2.For hearing of  bail application.

Applicant in Cr.B.A.     :       Azad Ali Malik, through Mr. Abdul Rehman A. Bhutto

No.S-651/2023.                    Advocate along with applicant (on bail).

Applicant in Cr.B.A.                 :       Zahid alias Zahid Hussain Khoso, through

No.S-653/2023.                    Mr. Muhammad Daud Jakhrani, Advocate along with

                                                applicant (on bail).

The State                      :        Through Mr. Khalil Ahmed Metlo, Asst. P.G.

Date of hearing            :       20.11.2023.

O R D E R.

            Both these bail applications are inter connected having been filed in Crime No.220 of 2023 of P.S Kashmore, registered for offences under Sections 353, 324, 34, PPC, therefore, same are being decided by this common order.  

2.         Through these bail applications, applicants Azad Ali Malik and Zahid alias Zahid Hussain Khoso seek their admission on pre-arrest bail. They filed anticipatory bail applications, which subsequently were assigned to Additional Sessions Judge, Kashmore, who after hearing the parties turned down their request vide common order dated 30.10.2023, hence this application has been maintained.

3.         The prosecution case, in brief, is that on 24.10.2023, at 0900 hours, near Lal Baig Mazari Diversion, Taluka Kashmore, the present applicant/accused along with co-accused Azad Ali Malik, being armed with TT Pistols, made cross-firing with a police party of PS Kashmore headed by complainant ASI Hidayatullah Khoso and then fled away; hence, such FIR was registered. 

4.                     Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case by the police; that despite face to face cross-firing of five minutes nobody from either side sustained any injury and even the mobile van of police was not hit by any bullet, therefore, section 324, PPC is not attracted to this case; that no independent person has been cited as witness of the alleged incident; that the case against the applicant requires further enquiry.

5.         Learned Asst. P.G does not oppose the bail application.

6.         Admittedly, there was cross-firing, which lasted for about 5 minutes between the police as well as the accused; however, none from either side has sustained any injury or even scratch on their person, therefore, application of Section 324, PPC is yet to be established by the prosecution after recording evidence of it’s witnesses. As far as Sections 353 & 34, PPC are concerned, though same is bailable, yet none had received any injury or scratch from the side of police, therefore, offence with regard to causing deterrence to the police in performance of their lawful duties is also under mystery and is yet to be established by the prosecution at the time of trial. The offence, with which the applicants have been charged, does not exceed the limits of prohibition contained in Section 497, Cr.PC. The case has reportedly been challaned. After grant of interim pre-arrest bail, the applicants/accused are not shown to have misused the concession so extended to them, rather they have joined the trial and are regularly attending the trial proceedings.    

7.         In view of above, both these bail application are allowed and the interim pre-arrest bail granted to the applicants on 07.11.2023 and 06.11.2023 respectively, is hereby confirmed on the same terms and conditions.

JUDGE 

Qazi Tahir/*