ORDER SHEET
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ORDER WITH SIGNATURE OF JUDGE
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1) For orders on MA No. 27/2007.
(Urgent application)
2) For orders on MA No. 28/2007.
(Certified copy of annexure not filed).
3) For hearing.
Connected Bail Application No. 1233/2006 a/w B.A. 1061/2006, B.A. 1062/2006 are fixed in Court on 12.1.2007 and B.A. 1303/2006 fixed in Court on 9.1.2007.
21.2.2007.
Mr. Syed Lal Hussain Shah for applicant.
Mrs. Shahida Jatoi State counsel.
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Applicant Nabeel Baloch has resorted to file application under Section 497(2) Cr.P.C. in Crime No. 139/2006 under sections 147/148/149/186/353/427/ 324/302 PPC, registered at P.S. Pak Colony.
Precisely the facts leading to the case are that on 28.8.2006 Inspector Aziz Ahmed Shaikh lodged the report that he along with SHO Rana Sadiq Ali was patrolling on Government mobile in order to pacify the law and order situation against the Kohlu incident in Balochistan Province due to the murder of Nawab Akbar Khan Bughti, a procession of Balouch National had taken place on the roadside at main Manghopir Road to Kiran Cinema. The agitators caused hindrance in the traffic and blocked the road. During the procession 300 persons emerged on the spot pelted stones opened fire upon the police party. As a consequence thereof on account of the encounter retaliation by the police ASI Khalid Jamil received one bullet injury on his abdomen and succumbed to injury while PC Ikramullah had received injury on chest, injured was shifted to Abbasi Shaheed Hospital for treatment.
Mr. Syed Lal Hussain Shah has contended that though the name of the applicant transpired in the First Information Report but he was empty handed. Nothing incriminating was secured after his arrest by the police. It is urged that co-accused Murad Pathan was admitted on bail by IVth Additional Sessions Judge West at Karachi. Since co-accused Muhammad Yaqoob and Anwar were released by the police though nominated in the FIR under Section 169 Cr.P.C. It is further urged that 300 persons were present on the roadside therefore it was not possible for complainant to identify 25 persons arrested on the spot when the police vehicles were burning. In support of the above contention reliance is placed on the case of NADEEM BURNEY VS. THE STATE (1999 MLD 1259), MUHAMMAD JAMIL VS. SHAUKAT ALI AND ANOTHER (1996 SCMR 1685), SAGHIR AHMED VS. THE STATE (1999 MLD 1258) and MUHAMMAD SHAHBAN and ANOTHER VS. THE STATE (1996 P.CR.L.J. 1171).
The proposition raised by Mr. Syed Lal Hussain Shah has been negated by the learned counsel appearing for the State, on account of the death of ASI Khalid Jamil and injury caused to police constable Ikramul Haq therefore she has opposed the bail application.
Prima facie there is no direct evidence to connect the applicant in the commission of the crime. Police has not arrested him on the spot. No recovery was effected from is possession. About 25 persons were nominated in the FIR. The applicant was arrested after 22 days of the alleged incident. The last seen evidence collected by the police / investigation might not be sufficient enough to include hypothesis of the applicant. Victim has received one injury caused by gunshot on his abdomen whereas victim / injured has received one injury on ribs. Final medical report has not been received determining the nature of the injury sustained by the victim / injured. Admittedly no identification parade was held in the case although there was no nexus between the applicant and the complainant and the applicant was not known to him prior to the incident. In any view of the matter the case against the applicant requires further inquiry as contemplated in Subsection (2) of Section 497 Cr.P.C.
In view of the above circumstances, the applicant Nabeel Baloch is admitted to bail subject to furnishing solvent surety in the sum of Rs. 1,00,000/- (Rupees on lac and P.R. bond in the like amount to the satisfaction of the trial court.
J U D G E