2003 PLP 1990 (MLD)

Date of hearing: 5th June, 2003. By this order I propose to dispose of criminal bail application filed on behalf of applicant Wazeer Narejo in a case bearing Crime No.31 of 2001 of Police Station Bakrani for an offence under sections 399, 402, 324, 353, P.P.C. The bail plea of the applicant was declined by the learned 1st Additional Sessions Judge Larkana vide order dated 2‑10‑2002. The prosecution story as unfolded in the F.I.R. is that on the eventful day i.e. 23‑5‑2001 complainant S.H.O. Faheem Ahmed Farooqui appeared at Police Station and lodged F.I.R. alleging inter alia, the details whereof goes to say as under: "Complainant alongwith his subordinate staff namely A.S.‑I. Hakim Ali Aheer, HC Muhammad Punhal, PC Ali Nawaz, PC Nazir Hussain, PC Muhammad Hassan, PC Niaz Hussain, PC Mumtaz Ali PC Ahmed Ali, PC Karim Bux duly armed with service weapons left the PS alongwith driver PC Muhammad Ismail for patrolling in their jurisdiction when they reached near Pir Kumbhar they received spy information that eight culparits are standing on the Sijawal Road leading towards Mad Bahoo with intention to commit some offence. After receipt of such information they proceeded towards the pointed place, when they reached on the Sijawal Chowk where on the head light of police mobile they saw eight personas standing on the side of the road. The accused on seeing the police mobile started firing from their respective weapons and the complainant party also retaliated the same in their defence. The accused while taking the shelter of water‑course and lands tried to make their escape good but complainant party chased them. When they reached at 57 Regulator of Dadu Canal the complainant party using police tactics apprehended five of them alongwith their respective weapons and the remaining three accused made their escape good while taking the benefit of garden and lands. The complainant appointed A.S.‑I. Hakim Ali and HC Muhammad Punhal as Mashirs and inquired the name of accused who disclosed his name as Muhammad and one SBBL gun was secured from his possession and three live cartridges were secured from him the second accused disclosed his name as Hadi Bux Narejo and one SBBL gun and .12 bore radish cartridges were secured from his possession. The third accused disclosed his name as Wazeer Narejo (the applicant) and the SBBL .12 bore gun and five live cartridges were secured from his side pocket. The fourth accused disclosed his name as Ali Gul Narejo and one pistol of 30 bore and a magazine containing four live bullets were secured. The fifth accused disclosed his name as Muhammad Sharif Narejo and one pistol of 30 bore was secured from his possession and on further search one magazine containing five live bullets was also secured. On enquiry about the licence of the respective weapons, all the accused disclosed that the same are without licence. They further disclosed that they were standing in order to commit some offence. On enquiry they did not disclose the names of escaped accused. Such Mashirnama was prepared with the signatures of above named Mashirs. Thereafter the accused alongwith their respective weapons were brought at Police Station where complainant lodged the F. I. R. to the above effect." The investigation followed and in due course the applicant was sent up to stand trial in the Court of learned 1st Additional Sessions Judge, Larakana. I have heard learned counsel for the respective parties and perused the record. It has been contended by the learned counsel for the applicant the case against his client is false who has been involved in the background of enmity and suspicion. It has further been contended that it is case of ineffective firing and none had sustained an injury in the scuffle. It has also been contended that all the co‑accused Muhammad Khan, Hadi Bux, Ali Gul and Muhammad Sharif were granted bail by this Court and the case of present applicant Wazeer is identical. It has further been contended that the applicant was arrested on 23‑5‑2001 and till now he has remained in custody for more than two years to be exact two years and twelve days and as such according the learned counsel it is the case of hardship. Learned counsel in the circumstances argues that it is fit case where the applicant could be enlarged on bail. As far the first ground of ineffective firing is concerned learned counsel has referred to the cases of Bati Khan v. Gulzar and 5 others (1988 SCMR 279), Muhammad Sadiq and another v. The State (1996 SCMR 1654), Syed Amanullah Shah, v. The State and another (PLD 1996 SC 241), Muhammad v. The State (1998 SCMR 454). On the next ground that the case is identical and applicant is entitled to the grant of bail on the principle of requirement of consistency, the counsel has referred to the case of Muhammad Fazal alias Bodi v. The State (1979 SCMR 9). On the ground of hardship learned counsel has referred to the cases of Behram v. The State (2003 PCr.LJ 73) and Abdul Hameed and 2 others v. The State (2003 MLD 19) and lastly the counsel has referred to the ground of preparation of dacoitee, the counsel has referred to the cases of Aamir Ali Khan v. The. State (1994 PCr.LJ 576), Irfanullah v. The State (1995 PCr.LJ 1329) and Abdul Zubair v. The State (1997 SCMR 966) in support of his contentions. Mr. Ali Azher Tunio learned A.A.G. on behalf of the State has however opposed the grant of bail on the ground that the case has proceeded which is likely to be concluded in near future. I have given my anxious consideration to the arguments of respective parties and perused the record. Admittedly it is the case of ineffective firing. All the four co‑accused have been granted bail by this Court excepting the applicant who remained in custody for more than two years. Since it is the case of hardship inasmuch as the applicant has remained in custody for more than two years, I am inclined to grant him bail provided he furnishes surety in the sum of Rs.200,000 and P.R. bond in the like amount to the satisfaction of the trial Court. Criminal Bail Application No.212 of 2003 stands disposed of. H.B.T./W‑41/K?????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.