IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Criminal Bail Appln. No. S-56 of 2025
Criminal Bail Appln. No. S-65 of 2025
Criminal Bail Appln. No. S-77 of 2025
Criminal Bail Appln. No. S-80 of 2025
Applicant (In Cr. Bail Appln. No. S-56/2025) |
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Shaukat Malik |
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Through Mr. Asif Ali Abdul Razak Soomro, advocate
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Applicants (In Cr. Bail Appln. No. S-65/2025) |
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Muhammad Yousuf @ Mari and Iqbal @ Balo Through Mr. Muhammad Afzal Jagirani, advocate,
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Applicant (In Cr. Bail Appln. No. S-77/2025) |
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Guhram and Ghulam Muhiuddin Mr. Abdul Rehman A. Bhutto, advocate
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Applicant (In Cr. Bail Appln. No. S-80/2025) |
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Dhani Bux Through Mr. Abdul Rehman A. Bhutto, advocate,
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The State |
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Through Mr. Ali Anwar Kandhro, Additional Prosecutor General for the State |
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Date of hearing |
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03-03-2025 |
Date of order |
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05-03-2025 |
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O R D E R
OMAR SIAL, J.- Shaukat Malik, Muhammad Yousuf @ Marri, Iqbal @ Balo, Guhram, Ghulam Mohuddin and Dhani Bux have sought post-arrest bail in Crime No. 10 of 2025, registered under section 395 P.P.C. at the Kashmore police station.
2. The F.I.R was registered on behalf of the state by A.S.I. Muhammad Baksh Chachar. He recorded that on 14.01.2025 while he was in the police station he received spy information that four days ago on 10.01.2025, fourteen or fifteen passengers of a bus were robbed and that the names of the robbers were as follows: (i) Taloo, (ii) Yusuf alias Mari, (iii) Rind Ali, (iv) Khan Baig alias Ali Baig, (v) Bulo, (vi) Dhani Bux, (vii) Gul Bahar, (viii) Gohram and three others who were all armed with Kalashnikovs.
3. I have heard the counsels for the applicants and the Additional Prosecutor General. The Investigating Officer was present to assist. My observations and findings are as follows.
4. The prosecution has not justified the applicants' arrest on the available evidence. There is no explanation as to how the names of all the applicants, along with their parentage, were determined. None of the people robbed have recorded a statement with the police. No recovery has been made. No investigation of any nature has been conducted. No identification parade has been held to identify the applicants as robbers. Although the investigation officer claimed that the applicants were notorious criminals, the Additional Prosecutor General confirmed that there was no crime record for the applicants on the police file. The record shows that the driver and the cleaner of the bus in question have also, in writing, denied that any of the applicants were the robbers. The police acted solely on a phone call they received, which had identified precisely who the robbers were. No evidence is available against the applicants on the police file. Prima facie, on a tentative assessment, I cannot wholly exclude malafide on the part of the police. The case against the applicants is certainly one of further inquiry.
5. Given the above, the applicants are admitted to post-arrest bail upon furnishing a surety of Rs. 50,000 each and a P.R. Bond in the like amount to the trial court's satisfaction.
JUDGE
Abdul Salam/P.A