2008 PLP 731 (YLR)

Mrs. QAISER IQBAL, J.

Applicant Zaheer Ahmed son of Ahmed Ali has applied for bail in Crime No.51 of 2007 under, sections 324/353/34, P.P.C. registered at P.S. Joharabad Gulberg Town, Karachi. A.S-I. Ghulam Abbas during the performance of his duty on patrolling reached near Makka Chowk Sarwar Shaheed Road, intercepted two motorcyclist without number, the culprits numbered three met encounter with the police, later the applicant and co-accused were overpowered. It transpired that during the exchange of firing Kashif has sustained serious injuries, admitted in Abbasi Shaheed Hospital, later succumbed to injuries. The applicant and co-accused Rafiq Ahmed were arrested by the Police soon after the occurrence and were challaned to face the trial. Mr. Lari has contended that on the face of the record it is a counter version of crime No.8 of 2007 under sections 392/34, P.P.C. registered at P.S. Joharabad, Gulberg Town, Karachi wherein the applicant has been admitted to bail vide order, dated 15 August, 2007. The applicant has been involved in commission of the crime although none from the side of the police party received any injury. Case has been padded by including alleged firing which could only be determined till evidence is recorded by the trial Court. It also transpires that one of the companions of the applicant had received serious injuries which manifestly changes the version as depicted in the First Information Report on behalf of the complainant allegedly present on spot along with his companions. Mr. Muhammad Ayaz Khan learned State Counsel has opposed the bail application on two told grounds. It is primarily contended that the applicant is nominated in First Information Report, he was arrested from the spot and a specific role has been attributed to him. On tentative assessment of the evidence the applicant does not seem to be involved in counter firing as it cannot be adjudged whether the applicant had fired upon the police party on account of unsuccessful hit to anybody, on the contrary one of the alleged culprit Kashif was seriously injured later succumbed to the injuries. In the above background in the absence of any injury caused to the member of the police party, it cannot be conclusively held, that the applicant is involved in an encounter otherwise the issue could be determined after the evidence is recorded. In support of above contention reliance is placed on the case of Rab Nawaz v. The State 1990 SCMR 1085. Taking into consideration attending circumstances of the case, the applicant Zaheer Ahmed son of Ahmed Ali is admitted to bail on furnishing solvent surety in the sum of Rs.1,00,000 (Rupees one lac only) and P.R. bound in the like amount to the satisfaction of the trial Court. H.B.T./Z-1/K Bail granted.