2007 PLP 921 (YLR)

MUNIB AHMED KHAN, J.--Learned counsel submitted that in Crime No.7 of 2006, registered under sections 302 and 149, P.P.C. the allegation has been levelled against police officials that they have caused murder of Abdul Ghaffar Shaikh. He submit that both the applicants were not involved in the offence nor they have been named in the F.I.R. and notwithstanding the fact that the complainant has specifically mentioned names of some persons, all police officials, but names of applicants does not find mention. He has further submitted that even the persons named in the F.I.R. i.e. S.I.P. Mukhtiar Ahmed, S.I.P., Jamaluddin Jamali, H.C. Sabir Hussain and P.C. Nabi Dad have been let off by the police and they have not been sent for prosecution as their names have been mentioned in Column No.2. The learned counsel further submit that the witnesses Habibullah and Muhammad Azim, who have been shown witnesses to the incident, have also not named the applicants as accused. Learned counsel has relied upon case of Syed Amanullah Shah (PLD 1996 Supreme Court 241), which is as follows:-- "Whenever reasonable doubt arises with regard to the participation of an accused person in the crime or about the truth or probability of the prosecution case and the evidence proposed to be produced in support of the charge, the accused should not be deprived of benefit of bail and in such a situation it would be better to keep him on bail than in the jail during the trial." The learned State counsel on the basis of above factual position has no objection to the grant of bail. In the circumstances when the applicants have not been named in the F.I.R., while specific names have been mentioned by the' complainant, are entitled to bail. The learned Additional Sessions Judge, Jacobabad, has narrated the cause of death and the injuries while rejecting the bail application but he has not looked on the factual position in respect to the allegation against the accused persons. On the other hand the learned Additional Sessions Judge has not taken notice of the fact that four persons who have been named in the F.I.R. and have not been sent for prosecution would have also been issued a notice as their involvement in the case is alleged by the complainant. In the circumstances I direct Sessions Judge to issue notice to all the above four persons who have been placed in Column No.2 of the challan as to why they should not be prosecuted along with the accused, while the applicants Umed Ali and Abdul Latif are granted bail in the sum of Rs.1,00,000 each and P.R. 'bond in the like amount to the satisfaction of the trial Court. H.B.T./O-1/K Bail granted.