ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                              Cr.B.A.No.S-   675    of    2012

DATE        ORDER WITH SIGNATURE OF JUDGE

12.10.2012.

Mr. Meer Muhammad Buriro, Advocate for applicants.

Syed Meeral Shah, D.P.G for the State.

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            The applicants have challenged the order dated 11.8.2012 passed in B.A.No.2037/2012 filed in respect of Crime No.126/2012.

            It is the case of prosecution that on the day of incident, police officials left PS for patrolling and snap checking and when they reached at National Highway, they saw three persons coming in a robbed car in Crime No.121/2012 of P.S Hatri at the road situated in Bhens Colony. However, they exchanged firing and one of them got escaped whereas the present applicants were arrested and such mashirnama was prepared and consequently, the applicants filed Bail Application No.2037/2012 which was dismissed by the trial Court.

            It is the case of applicants that the applicants were visiting their relatives at Bhens Colony and on their return they were intercepted by the complainant party and consequently this offence was foisted upon the applicants. It is also the case of applicants that despite the exchange of firing, no one has sustained any injury nor it is even alleged that bullets were hit on any of the vehicle and as such Section 324 and 353 are misapplied. It is also the case of applicants that possession of the vehicle was not recovered from the applicants and hence it is a case of further inquiry as no independent witness was cited by the prosecution. In support of his contentions, learned counsel has relied upon the case of Sain Bakhsh and 2 others Vs. The State (2009 YLR 1122) and Muhammad Fayaz Vs. The State (2010 YLR 673).

            Learned D.P.G for the State has opposed the bail application and stated that recovery was made against the applicants and no enmity has been shown by the applicants against the police and as such there is no reason as to why police officials would involve the applicants in such offence.

            Be that as it may, it appears that since the mashirs of arrest and recovery are police officials and as such it makes a case of further inquiry within the provisions of Section 497(2) Cr.P.C. It has also been observed that during exchange of firing, none has sustained any injury despite the alleged recovery of sophisticated weapons from the applicants thus it is a case of further inquiry. Consequently, the applicants are granted bail subject to furnishing solvent surety in the sum of Rs.100,000/- (One lac) each and P.R Bonds in the like amount to the satisfaction of the trial Court.

                                                                                                            JUDGE

Tufail