2005 PLP 3104 (YLR)

ZIA PERVAIZ, J.

Applicants are facing trial for offence under sections 1714 Enforcement of Hadood Ordinance, 1979 read with section 364, P.P.C. in Crime No.7 of 2005 of Police Station Chak, District Shikarpur which was lodged by the complainant Quwat Ali, involving the present applicants and others for the commission of robbery and murders of Umar Daraz, Gul Din and Sabir. The case of prosecution is that on 13-2-2005 at 12-00 noon complainant along with his P.Ws. namely Izat, Khabbar, Umer Gut Din, Sabir, Bagno and Sanjar was going to Sukkur in a hired Datsun/Pick-up for the purpose of selling goats. It is alleged that the applicants along with their co-accused named in the F.I.R. stopped the complainant party at Sim Shaikh and directed them to go along Sim Shaikh path. After covering one kilometre, co-accused namely Liaquat and Mir Hassan within the sight of complainant party fired KK. burst at Umar Daraz, Gul Din and Sabir who died at the spot. Thereafter co-accused Bugno and Sanjar drove away the Datsun/Pick-up in which 26 goats were available. The complainant then reported the matter to Chak Police Station where such case was registered. After ususal investigation the case was challaned in the Court of Law. The applications filed bail application in the Court of learned Sessions Judge, Shikarpur which was dismissed hence, they have approached this Court for the same relief. I have heard the learned counsel for the parties and with their assistance gone through the entire record. Contention of the learned counsel for the applicants is that though name of both the applicants appear in the F.I.R. duly armed with deadly weapons but no role of firing or causing any injury has been assigned to any of them. That the police has shown 12 persons as innocent and their names have been placed in Column No.2 of the challan. That there are general allegations levelled against the applicants. That according to prosecution case co-accused Mir Hassan and Liaquat committed that murders of deceased Umer Daraz, Gul Din and Sabir but the Investigating Officer has belied the version of the complainant and has placed their names in Column No.2 of the challan. That case of both the applicants is on better footings to that of co-accused Liaqat and Mir. On the other hand Mr. Mushtaq Ahmed Abbasi, learned Asstt: A.-G. vehemently opposed the bail application bn the grounds that name of the applicants appear in the F.I.R. duly armed with deadly weapon. Two P.Ws. namely Khabar and Izat have implicated the applicants in their 161, Cr.P.C. statements. The applicants have shared common intention with the co-accused and conjointly committed kidnapping and harrabah and also committed the murders of three innocent persons, during daytime. That the recovery of Datsum/Pick-up and 26 goats has been effected. That the empties of KK and gun have been recovered from the place of occurrence. It is an admitted position that name of both the applicants appear in the F.I.R. duly armed with deadly weapons. They have shared their common intention with the co-accused persons and conjointly robbed the Datsun/Pick-up along with 26 goats and also committed the murder of three innocent persons. It is a daytime incident and false implication of the applicants cannot be ruled out. Reverting to the contention of the learned counsel that the Investigating Officer has declared 12 co-accused persons as innocent, it does not affect the prosecution case rather they can be joined by the trial Court and it is no ground to claim bail for the applicants. The accused persons had assembled at the venue of occurrence being armed with sophisticated weapons with common intention to commit the heinous offence of harabah and that too on highway, which involves capital punishment. These type of offenders, in my humble opinion, do not deserve any concession, particularly when they are nominated in the F.I.R. with specification of the weapons allegedly carried by them. In the instant case the name of the applicants are mentioned in the F.I.R. being armed with weapons. The case also involves three innocent lives, which have been taken away by the robbers after kidnapping them. In this view of the matter I am of the considered opinion that no case for bail is made out. Accordingly, the application is dismissed. H.B.T./G-61/K Application dismissed.