ORDER SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT, LARKANA.

Cr. Bail Appln. No. D- 67 of 2012.

Dated order with signature of hon’ble Judge.

1. For orders on office objection as flag A.

2. For order on M.A No.2470/2012.

3. For Hearing.

18.03.2013.

Mr. Zahid Hussain Chandio, advocate for the applicant.

Mr. Riaz Hussain Khoso, State Counsel.

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SYED MOHAMMAD FAROOQ SHAH,J.:- By this bail application, applicant Mohammad Ameen seeks bail in case Crime No.48/2012 registered at P.S Civil Line for an offencAA e punishable U/S 324, 353, 337-H(2), 148, 149 r/w section 6/7 ATA of 1997.

2. Facts of the prosecution case briefly stated are that on 31.03.2012 complainant ASI Mohammad Nawaz Mahotto lodged FIR at P.S Civil Line narrating therein that on the day of incident he alongwith his subordinate staff came at Central Jail Larkana and got prisoners and put them at Custody Room, Sessions Court, Larkana where the accused of Crime No.45/2011 registered U/S 324, 148, 149 PPC namely 1.Nisar Ahmed, 2.Zafar, 3.Imtiaz all sons of Muhammad Nawaz Jatoi, 4.Muhammad Nawaz son of Muhammad Azam Jatoi, the hearing of said accused was kept in IV^th Assistant Sessions Judge, Larkana to whom complainant and other staff produced the accused in Court in custody, after hearing, P.C Allah Dino and P.C Mukhtiar Ali produced accused Muhammad Nawaz Jatoi in Court of II^nd Assistant Sessions Judge, Larkana and four other accused, they were proceeded to custody room, where the mother and aunt of accused Nisar also were going from distance when at 1000 hours complainant party reached opposite Anti-terrorism Court, they saw eight persons emerged from park and took out pistols and made fires upon accused and police party with intention to commit their murder, but police party by saving prisoners accused also retaliated in defense and encircled them. During firing, prisoner accused Nisar received fire and became injured, P.C Jurial Shah also sustained fire shot injury and police party got arrested two accused with pistols and other accused made firing upon police party and other persons in courtyard by spreading harassment escaped away, thereafter complainant found that prisoner accused NIsar Ahmed Jatoi received injury at abdomen and blood was oozing who told that arrested accused are Shahid Ali Jatoi and Khalid Hussain Jatoi and further told that escaped accused are Amin S/O Akram Ali, Munawar Ali S/O Haji Karam Ali, Allah Rakhio S/O Haji Ramzan, Zulfiqar S/O Ghulam Rasool and two unidentified persons thereafter complainant immediately transferred the accused for treatment due to non-availability of private mashirs PC mohammad Saleh and Hakim Ali were cited as mashirs and PC Jaral Shah received fire at left side of thigh gone through, was unconscious, complainant took him to causality for immediate treatment. Contents of FIR transpires that complainant enquired from arrested accused for parentage on which one of them disclosed his name as Shahid Ali S/O Muhammad Hanif and complainant found that his pistol number was erased while second person disclosed his name as Khalid Hussain son of Haji Muhammad Ayaz Jatoi, complainant enquired about pistol, which number was also erased, on which they disclosed that said pistols are unlicensed, thereafter complainant brought the accused persons and recovered property at P.S and lodged the FIR to the above effect.

3. We have heard learned counsel for the parties at length and perused the record.

4. Learned counsel for the applicant submitted that during investigation of the case I.O of the case has put the name of the applicant accused in column No.2 of the challan sheet of the Crime No.47/2012 and after half an hour another crime No.48 of 2012 was registered of the same incident. It is contended that the applicant/accused Mohammad Ameen Jatoi is police constable in police department was performing his duties at some other place therefore, the case of applicant/accused is of further inquiry.

5. Conversely, learned State Counsel vehemently opposed the grant of bail to the applicant on the ground that the applicant has facilitated other accused to commit such a heinous offence in the Court premises duly armed with deadly weapons and caused firearm injuries to the prisoner Nisar and PC Jaarral Shah. The co-accused Shahid Ali and Khadim Hussain were apprehended on the spot but the applicant/accused made his escape good. It is further contended that the applicant/accused shall remain fugitive from law for sufficient period, when confronted, the learned counsel for the applicant clarified that the applicant on dated 14.04.2012 applied for pre arrest bail and when the bail was refused to him, he was remained absent and subsequently arrested on 13.10.2012, after about more than six months period.

6. Suffice is to say that there is sufficient iota of evidence available on the record which shows that the applicant being a police constable facilitated other accused to cause the murder of Nisar Ahmed, who was produced before the Court and the applicant in connivance with other accused attempted to cause his murder in the Court premises, which is an instance tends to shake the administrative affairs as how a police person (applicant/accused) facilitated his companions/other accused to commit such heinous offence in the court premises. In this view of the matter, learned trial Court has rightly rejected the bail to the applicant/accused on cogent reasons and sufficient cause, while keeping in mind the circumstances and conduct of the accused/applicant who is a police constable and was found involved in heinous offence.

7. For the foregoing reasons, the grounds urged by the learned counsel for the applicants are not of such nature, which warrants bail, at this stage, resultantly, the bail application is rejected having no merits for consideration. However, the bail application may be repeated after recording the evidence of material eye witnesses including complainant and two injured persons, if so advised.

Above are the reasons of short order dated 18.03.2013, whereby the bail application was dismissed.

JUDGE