1989 PLP 855 (MLD)

Abdul Ghafoor Mangi, A.‑G. for the State. The applicant is facing trial under sections 307 and 353, P.P.C. before the learned Sessions Judge, Central, Karachi. The brief facts giving rise to the present application are that complainant Muhammad Saqlain S.I.P. P.S. Khawaja Ajmer Nagri, Karachi alongwith his subordinate staff was on patrolling duty on the night between 16th and 17th July, 1988 and when they reached at Sector 7‑D/3, Khawja Ajmer Nagri at 1‑00 a.m. near the hill they found two persons standing near the wall. They were asked to surrender but they started running. The complainant party chased the accused on which they fired at them. In the meanwhile Eagle Squad No. 0341 reached there. The two parties surrounded the accused and started firing. They were however, able to arrest applicant Rasheed who was armed with Klashnikov and five live cartridges while co‑accused Sarwar disappeared due to darkness. According to the F.I.R. it was the present applicant who had fired at the complainant party with Kalashnikov. The applicant moved an application for bail before the learned Sessions Judge but the same was rejected vide order dated 27‑7‑1988. It was contended by the learned counsel for the applicant that the case was false and the applicant was implicated due to enmity. That the Kalashnikov was foisted on the applicant. The learned AA.‑G. has opposed the grant of bail to the applicant on the ground that he was found duly armed with Kalashnikov at odd hours of the A night, and that he had fired at the police party when he was asked to surrender. That the offence committed by the applicant is punishable with imprisonment for life. The incident is recent and such incidents have become rampant in the city, and therefore, the applicant is not entitled to bail at this stage. I have considered the contentions of the learned counsel. There is nothing on record to show that police party including complainant had any enmity with the applicant. According to the prosecution the applicant had fired at the police party and was arrested with Kalashnikov at odd hours of the night. The incident is a very recent incident and the offence is a heinous one. In view of the above reasons I am of the considered view that the applicant is not entitled to bail at this stage and the application is accordingly dismissed. However, the applicant will be entitled to repeat his bail application before the learned trial Judge after the complainant and to eye‑witnesses are examined. H.B.T./R‑78/K Bail refused.