2008 PLP 2952 (YLR)

DR. QAMARUDDIN BOHRA, J.

Applicant Muhammad Younis seeks bail in Crime No.39/2007 of Police Station Sijawal, of offences punishable under sections 324, 353, 412, P.P.C. Briefly stated the facts of prosecution case are that, a police party on spy information started chasing the robbers at 8-45 hours, they reached near village Ghulam Rasool on the main road leading from Sijawal towards Ratodero and they saw three persons boarding on two motorcycles and the police party got down from the mobile and signaled said persons to stop but they started firing and after five minutes they left the motorcycle and started running towards fields, however police succeeded in apprehending two of them. One applicant Muhammad Younis and other Azizullah and from them, they also recovered pistols, which were unlicensed. The learned trial Court rejected bail application vide its order dated 15-5-2008. On the ground that robbed motorcycle and pistols were recovered from the applicant on the spot and the learned trial Court already declined to grant bail to co-accused, as such applicant's case being identical to him, the bail is refused to applicant/ accused. Admittedly, the police reached to the alleged place of incident on spy information and there is also allegation of encounter, which taken place for fifteen minutes, but there is no injury to either side, nor any private Mashir for the arrest and recovery of alleged robbed Motorcycle and the weapons. Moreover, the owner of the alleged Motorcycle is not examined to identify the culprits. All this made the case of applicant of further enquiry. Moreover, he is in jail since 21-6-2007. The applicant is admitted to bail in the sum of Rs.100,000 and P.R. bond in the like amount to the satisfaction of trial Court. Looking to the above facts of the case when there is identical allegation against present applicant as well as co-accused Azizullah and Imran. Application was moved before trial Court for co-accused Azizullah as appeared from the impugned order and was rejected, thereafter the said co-accused could not prefer any bail application before this Court; may his circumstances could not afford to come before this Court. However, on the principle of consistency co-accused Aziz ullah is also admitted to bail in the sum of Rs.100,000 and P.R. bond in the like amount to the satisfaction of trial Court. Neither Advocate for the applicant nor State Counsel are able to clarify the position about 3rd accused Imran, whether he has been challaned in the absconscion or he escaped away from the custody. This is sorry on their part. However the police papers perused, which show that accused Imran was challaned with above two accused persons in custody but at present moment it is not clear whether he is in custody or otherwise. In such circumstances the concerned Court was enquired regarding the status of accused Imran in the case. The Court confirmed that accused Imran is on bail. The office is directed that at the time of presentation of the bail application they should obtain copy of challan also. H.B.T./M-133/K Bail granted.