ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Bail Appln. No.82 of 2010.

DATE

OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

1. For orders on M.A.No.324/2010.

2. For Hearing.

25.03.2010

Mr. Shahbaz Ali Brohi advocate for applicants.

Miss Rubina Dhamrah, State Counsel.

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The applicants Ghulam Shabir and Asghar Ali filed this post arrest bail application inn Crime No.81/2009, Police Station Jaggan @ Hamayoon for offence punishable under section 324, 354, 337 H(2), 427, 148, 149, PPC R/W 6/7 ATA.

Precisely the facts of the prosecution case according to FIR are that on 19.8.2009 complainant SIP/SHO Noor Mustafa lodged his repot at his own Police Station, stating therein that he was present there and received spy information that the notorious criminals of the area, absconders and Proclaimed Offenders namely 1. Muhib, 2.Bhoor Marfani and others duly armed with weapons along with other accused Shado alias Shahzado have gathered at the Otaq and on receipt of such information the complainant on his mobile phone informed SPO Sultan Kot about the situation who ordered to collect the police of the police station Hamayoon. Inspector Mir Ahmed Chandio SPO Sultan Kot along with police constable were present. SPO Riaz KhanAlmani, SPO Garhi Yasin Inspector Ghulam Mustafa Sethar, SHO Sultan Kot SIP Abdul Wahid Rind, SHO PS Mian jo Goth, Special Team Mujahid III-Incharge ASI Abdul Razak Ansari, HC Amanullah Shaikh Incharge Mujahid force, all along their subordinate staff. PS Hamayoon staff namely HC Amir Bakhsh, HC Aijaz Ali, HC Shoukat Ali Chandio, PC Bashir Ahmed PP Ali Baig, PC Mujahid Ali, PC Shahzad Hussain, PC Nawab Ali and driver PC Deedar Ali, on the official vehicle duly armed with weapons and in official uniform left the Police Station Humayoon on the official vehicles after making the parties, proceeded towards the pointed place. It is alleged that when at about 1530 hours near village Aslam Brohi reached there and saw that about 20 accused persons duly armed with K.Ks and guns were coming towards the police party out of the village and the complainant party stopped the vehicles and alighted from the Mobile, out of them HC Amir Bakhsh and HC Aijaz Ali Buriro identified the accused namely 1.Muhib 2.Bhooro 3.Ghulam Rasool, 4.Jahangir, 5.Saddam, 6.Qadir Bakhsh, 7.Diloo, 8.Hakim alias Haku, 9.Panjal, 10.Ahmed Ali, 11.Umer all armed with guns, 12.Sharbat with K.K, 13.Ali Hassan, 14.Ghulam Hussain with guns, 15.Shadoo alias Shahzado with rifle, 16.Ghulam Shabir, 17.Asghar Ali with guns and 03 unidentified accused with Rifles, on seeing the Police Party, all the accused persons started firing upon the Police Party with an intention to commit murder which but HC Aijaz Ali Buriro and Driver PC Deedar Ali Dayo at their head and being injured fell down and then the Police Party in their defence started counter firing upon the accused persons and the accused person also fired at the official Mobile vehicle which hit it and the Glasses of the Mobile from the Cleaner side were broken and front Glass received cracks and bullets crossed though the Glass. Thereafter the accused persons started aerial firing and continued to create harassment and terrorism and the Police Parties also continued to fire upon the accused persons from the back side and the police started encircling the accused persons and the Police saw that there were standing Two Motorcycles out side the village at Katchi Sarrak and during the cross firing 2 accused persons became injured who were taken away by their colleagues on the Motorcycles and other accused persons taking the protection of the land Jhangal succeeded to run away and out of them 2 accused persons attempted to run away on the other Motorcycle who were encircled by the Police and then apprehended them along with Guns and then the complainant appointed HC Amir Bakhsh and HC Shoukat ali Chandio as mashirs and recovered the guns from the accused persons and on inquiry they gave dtheir names, 1.Ghulam Shabir son of Shahmir Bhand and 2.Asghar Ali son of Manik Bhand. On personal search of applicant/accused Ghulam Shabir right side pocket recovered 5 live cartridges of 12 Bore Red Colour and from the personal search of accused Asghar Ali, the police recovered 04 live cartridges of 12 Bore Red Colour from his right side pocket of his shirt. On opening the Guns unloaded and found that the number was robbed of and both the Guns barrels contained one empty cartridge each and then the complainant examined official Mobile and found that its body had received so many fires and the Glasses were broken and a great damage was caused to it. The thrown Motorcycles of the accused were also examined and found that they have also received fire hits of Red Colour were also taken into custody and were challaned U/s 550, Cr.P.C. On enquiry about the licenses of the Guns, the accused replied hat they are unlicensed.

Thereafter, HC Aijaz Ali Buriro and PC Deedar Ali Driver on another Official Mobile were sent to civil Hospital Shikarpur for emergency medical treatment. Thereafter the mashirnama of arrest, personal search, Guns and cartridges recovery and recovery of the Motorcycles was prepared in between 1600 hours to 1700 hours the recovered guns and cartridges separately sealed and the Motor Cycles did not start and thereafter the arrested accused and the case property was brought at the police Station and lodged such FIR against the accused persons as stated above.

Mr. Shahbaz Ali Brohi learned counsel for the applicants contended that he alleged encounter with the culprits has taken place at the village of Aslam Brohi and the number of culprits ere thirty five but from the police party HC Ameer Bux, HC Aijaz Ali have identified seventeen persons and the applicants were amongst them. He further contended that the police also fired upon the culprits but none has received any injury from the accused party. HC Aijaz Ali has received two injuries. According to the medical certificate, the injuries falls under section 337-A(i) and 337-F(i) which are bailable. He further contended that it is yet to be seen at the trial whether this encounter has taken place or not. In the above circumstances, he contended that the case of the applicants requires further enquiry at this stage.

Miss. Rubina Dhamrah, learned State Counsel opposes the grant of bail and contended that an encounter has taken place and both the applicants were arrested duly armed with weapons and from the place of Wardat empties were also recovered. She further contended that the applicants are criminals and so many cases have been registered against them at different Police Stations. In the last she contended hat the applicants do not deserve the concession of bail.

We have heard the learned counsel and perused the record with heir assistance. Admittedly two persons from police party have received injuries. OPC Deedar Ali has received injury with hard and blunt substance which contradict the contention of learned counsel for the State. Admittedly there is encounter between the parties in village Aslam Brohi but none from the villagers cited as witnesses to prove the case of the prosecution. The injuries sustained by HC Aijaz Ali are punishable with two years and one year. Having perused he record and submissions made at the bar, we are of the view that in the above circumstances, the applicants have made out a case for bail. Consequently, we allow this bail application and direct that the applicants be released on bail on their furnishing solvent surety in the sum of Rs.200,000/- each and P.R bond in the like amount to the satisfaction of the trial Court.

Judge