ORDER SHEET
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ORDER WITH SIGNATURE OF JUDGE
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For hearing.
8.11.2006.
Mr. Asadullah Memon for applicant.
Mr. Mahmood Alam Rizvi learned Standing Counsel for the complainant.
Mr. Asim Iqbal for complainant KESC.
Mr. Agha Zafir A.A.G. for State.
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The applicants have resorted to file application under Section 497 Cr.P.C seeking bail in Crime No. 193/2006 under Section 324/379 C.P.C register at P.S. Maripur. Their bail plea was declined by IIIrd Additional Sessions Judge Karachi West therefore they have resorted to file present application.
The prosecution case briefly disclosed in the first information report is that on 23rd August 2006 complainant SHO Inspector Faqir Muhammad Jatoi along with his staff was performing patrolling duty in mobile of KESC in search of the culprits involved in cutting of wire. On receiving spying information reached at Hawks Bay Road near Tower No. 56/57 High Transmission Line and saw truck bearing No. JY-1808, some culprits were engaged in cutting wire of High Transmission Line, upon seeing the police party they managed to make their escape good by opening fire on the police party. Police also retaliated. The applicants were apprehended from the spot. From their possession besides the articles used in cutting the wire KESC Copper wire High Transmission Line 50-55 meters was secured nearby Tower No. 56/57.
Mr. Asadullah Memon learned counsel for applicants has contended that the allegations levelled against the applicants are false per se prima facie no case is made out against the applicant under Section 379 Cr.P.C on account of ineffective firing and non recovery of the weapons by the police from the possession of the applicants, the case against the applicants require further inquiry within subsection 2 of Section 497 Cr.P.C.
Mr. Asim Iqbal learned counsel for complainant and Mr. Agha Zafir Ali learned Assistant Advocate General opposed the bail applicant on the premises that the applicants are not only involved in commission of the theft of the property owned by KESC but are equally liable for opening fire upon the police party for causing interference in their duties.
I have given consideration to the arguments advanced at bar. There is no cavil that the applicants were arrested on the spot from Hawks Bay Road near Tower No. 56/57 High Transmission Line. They were engaged with the co-accused in stealing the copper wire and in furtherance of their common intention to deter the police officials from their service opened fire. On search of truck bearing No. JY-1808 police recovered Dasta, Ari Plat and KESC Copper Wire High Transmission Line, 12 empties along with 19 empties of cartridges in presence of the witnesses. Thus there are reasonable grounds to believe that the applicants are involved in the commission of the crime and are not entitled to the relief claimed. Consequently, the bail application is hereby dismissed. The trial Court is directed to record the evidence of the complainant within two months, consequent thereof the applicant shall be at liberty to move fresh bail applicant to be decided on merits, if so advised.
J U D G E
ORDER SHEET
_____________________________________________________
ORDER WITH SIGNATURE OF JUDGE
_____________________________________________________
For hearing.
20.10.2006.
Mr. Asadullah Memon for applicant.
Mr. Agha Zafir A.A.G. for State.
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Notice is waived by the learned A.A.G. Police papers are not available. Adjourned to 2.11.2006.
J U D G E