2003 PLP 798 (YLR)

"To, Abdul Wahid Buriro, S.H.O., Police Station Mirpur Buriro. Subject:‑ Show‑cause Notice in Crime No. 8 of 2002 of Police Station Garhi Hassan. Whereas you have registered F.I.R. of Crime No. 8 of 2002 of Police Station Garhi Hassan on 26‑7‑2002 and you have mentioned in the F.I.R. that accused Muhammad Bux son of Shah Beg by caste Sarki had pointed for the remaining accused and you on his pointation committed the raid on the hotel of Abdul Rehman Sarki alongwith accused Muhammad Bux, who is involved in Crime No. 42 of 2002 under section 17/3, E.H.O., Police Station Mirpur Buriro. The accused Muhammad Bux is already confined in judicial lock‑up Thul under judicial remand from 26‑7‑2002 to 28‑7‑2002 but you have mentioned in the F.I.R. No. 9 of 2002 but you alongwith accused raided for arrest of remaining accused involved in Crime No. 42 of 2002 of Police Station Mirpur Buriro and you have misapplied the facts into the F.I.R. Thereafter, you are hereby directed to submit reply of this notice up to 1‑8‑2002, as the accused Muhammad Bux son of Shah Beg Sarki is already under judicial remand how you took the accused Muhammad Bux and on his pointation raided the hotel at Garhi Hassan. In case of failure, the legal action will be initiated against you in accordance with law. Given under my hand and seal of the Court this 29th day of July, 2002. (Sd.) (Haji Ghulam Yaseen Kolachi), Civil Judge and FCM, Thull. Copy to District Police Officer, Jacobabad for information and necessary action. (Sd.) Civil Judge & FCM, Thull." According to the contents of the F.I.R. it is clear that Muhammad Bux was already in judicial custody in Crime No. 42 of 2002, but this accused has shown as one of the accused in this case and on his pointation the complainant party had appeared at the hotel of one Abdul Rehman Sarki where complainant party noticed that 16 persons carrying the weapons and they resorted firing. The injury allegedly sustained by H.C. Ghulam Akbar though attributed to applicant Mumtaz has been declared as Shujjah‑e‑Khafifah, which is bailable in nature and does not fall under the prohibitory clause of section 497, Cr.P.C. As per statements under section 161, Cr.P.C. of the witnesses they had exhausted more than 800 rounds at the time of exchange of firing, but no one has sustained any injury nor any of the accused or no one was arrested at the spot on the day of incident whereas on 8‑8‑2002 six accused were arrested and accused Budho Sarki thrown G‑III rifle and ran away. Learned A.A.‑G. has rendered his no objection for the grant of bail. I am in agreement with the view taken by the learned A.A.‑G. and applicants/accused are entitled to concession of bail. Resultantly, bail is granted to the applicants/accused in the sum of Rs. one hundred thousand each and P.R. Bond in the like amount to the satisfaction of the trial Court. N.H.Q./B‑67/K Bail allowed.