2011 PLP 1075 (MLD)

By this order, we intend to dispose of Criminal Bail Application No.D-53 of 2010, filed by applicant Shah Faisal, whereby lie seeks post arrest bail in Crime No.256 of 2010 of Police Station Hatri, Hyderabad registered under sections 324, 353, 34, P.P.C. R/W 6/7 Anti-Terrorism Act, 1997.

2. The applicant approached the trial Court for bail but could not succeed as his bail plea was turned down vide order dated 26-10 2010.

3. The contents of the prosecution case in nutshell are that on 4-10-2010 complainant SIP Inayat Ali Zardari Incharge ACLC Hyderabad received secret information to the effect that notorious criminal Dhani Bux Abro, who has been convicted, along with his other companions is travelling in a silver colour Suzuki Car towards Data, following which he along with his subordinate staff and other police ' officials took positions at the pointed place. It is further alleged that at about 1250 hours police party saw a Suzuki Mehran Car and tried to stop it, following which four persons emerged out from the Car and started firing upon the police party with Kalashnikovs and Pistols and after creating terror tried to flee towards Banna Orchard. Meanwhile police party arrested the driver of the car, he was handed over to SIP Manoj Kumar and later on police apprehended accused Dhani Bux Abro along with Kalashnikov, whereas rest of the accused made their escape good. On inquiry accused disclosed their names Dhani Bux, Yaqoob Gopang, laved and Mehboob Khoso. The accused who was driving the Car disclosed his name as Shah Faisal.

4. It is, inter alia, contended that the applicant is innocent and has nothing to do with the alleged offence. Per learned counsel the applicant is a Taxi Driver and used to earn his livelihood by plying a Taxi; neither he had any nexus with co-accused Dhani Bux and others nor were known to him previously. Per learned counsel the applicant was empty handed and Pistol was foisted upon him, in which he has been granted bail by the trial Court. It is lastly contended that no over act is attributed to the present applicant as per prosecution version he was driving the Car.

5. Conversely Syed Meeral Shah, D.P.G. Sindh opposed the bail plea of the applicant, on the ground that he was apprehended on the spot while driving the vehicle in which notorious accused Dhani Bux was sitting and a .30 bore T.T. Pistol along with 12 bullets has been recovered from him.

6. Heard the learned counsel and perused the record.

7. Admittedly no overt act is attributed to the present applicant even none amongst the P.Ws. have alleged that he made firing upon them or tried to run. Moreover, the present applicant is neither previously convict nor desperate, dangerous or hardened criminal. He has been granted bail in Arms Ordinance case by the trial Court; the case has been challaned and the applicant is no more required for d investigation. It is well settled principle of law that an accused cannot be kept behind the bars for an indefinite period even in heninous offence. As far as prosecution version is 'concerned, it is yet to be determined at trial whether applicant was one of the companions of notorious criminals or he was merely plying a Taxi.

8. For the foregoing reasons, we are of the considered view that applicant has successfully made out a case for bail. Consequently, bail application is allowed, the applicant shall be released on bail subject to furnishing solvent surety in the sum of Rs. 100,000 and P. R. Bond in the IA like amount to the satisfaction of trial Court.

9. Criminal Bail Application stands disposed of. H.B.T./S-28/K Bail granted.