2002 PLP 670 (MLD)

Muhammad Saleem G.N. Jessar for Applicants. Ali Aahar Tunio. Asstt. A.‑G. for the State. By this application the applicants Allan and Hakim Ali both by Caste Junejo have sought pre‑arrest bail in Crime No.30 of 2001 of Police Station Badeb under sections 324, 353 read with section 149, P.P.C. The facts of the prosecution case as disclosed in the F.I.R. dated 2‑4‑200‑1 by the S.I..P f 1 f Manzoor Ali Chandio are reproduced hereinbelow:‑‑ "On behalf of the State, complaint is that today we alongwith subordinates namely HC/3637 Allah Warrayo HC/3783, Abdul labbar, PC/1554, Abdul Ghaffar, PC/2031, Manzoor Sargani PC/3142, Muhammad Hashim C/2315, Shabir Ahmed Kandhro C/2233, Javed Shah C/2428, Aashique Ali C/2627, Muhammad Khan C/2883, Muhammad Yousif Sario C/2736, Muhammad Azeem C/2689, Manzoor Ali of Police Station Badeh boarded in Service Mobile No.SP‑4582, Driver Manzoor Ali, S.H.O. Police Station Dokri namely Habibullah‑ Malik and his staff namely A.$. I. Muhammad Ali Brohi HC/3336, Khan HC/3685, Aijaz Ali C/1756, Sabir Ali C/,1207, Saifullah C/3143, Sadoro Khan C/30, Mahboob Ali C/2784, Muhammad Khan C/3269, Tariq Hussain C/1890, Muhammad Ali C/3136, Gulab Khan, left Police Station vide Entry No. 31, dated 2‑4‑2001 at 5‑45 a.m. in order to apprehend the accused Allan Junejo, who was wanted in Crime No.20 of 2001 under sections 457 and 380, P.P.C. When we reached in Village Mandhra near the Otaq of Allan Junejo, at 6‑23 a.m., we saw that about 10 persons were sitting in the Otaq, to whom PC/ 1554 Abdul Ghaffar identified and disclosed their names to be Allan sop\ of Hidayatullah Junejo armed with rifle, (2) Hakim son of Hidayatullah Junejo armed with rifle both resident of Mandhra, (3) Arab son on Uris Khaskheli, resident of Darra armed with gun, (4) Zameer son of Arbab Junejo, resident of Mandhra armed with gun, (5) Gulzar son of B`4khar Junejo armed with gun, resident of Mandbra, (6) Saijawal son of Uris Khashkeli armed with gun, resident of Darra and four unidentified persons armed with guns and rifiles to whom we can identify on seeing them again. We at once stepped down. The abovesaid accused opened fire upon us in order to kill us. In self‑defence, we fallen on the ground, therefore, no gyre hit us. We also fired in our self‑defence upon the accused. The encounter continued for about 10 minutes. The accused taking advantage of adjacent houses and made their escape good. The accused with common object and pre‑concert have deferred us from performing lawful duty and fired upon us. The F.I. R. is being registered against the accused. In the encounter I spent 30 rounds of my service S.M.G. rifle, while the staff will give detail separately." I have heard Mr. Muhammad Saleem G. N. Jessar; learned counsel appearing on behalf of the applicant/accused and Mr. Ali Azhar Tunio, learned Assistant Advocate‑General appearing on behalf of the State. The latter concedes to the confirmation of bail. The perusal of material placed on record as well as police record examined with the assistance of learned Assistant Advocate‑General shows that there was an encounter between the accused and police party which allegedly continued for about 10 minutes and according to learned Additional Advocate‑General, more than 100 rounds were used by the police party in the encounter. Surprisingly enough, not a single scratch P was caused to either party. There is no Mashirnama of Wardat from which it could be deduced that any empties were found at the Wardat. Looking towards the peculiar facts and circumstances of the case, I am of the considered view that the case necessitates further enquiry as contemplated under section 497(2), Cr.P.C. Consequently, the bail of the applicants/accused is hereby confirmed on the same terms and conditions. H.B.T./A‑275/K Pre‑arrest bail confirmed.