2009 PLP 1122 (YLR)

ANWAR ZAHEER JAMALI, J.

By this order I propose to dispose of both the above numbered bail applications which arise out of Crime No.45 of 2004, Police Station, Dadu, for commission of offence under sections 324, 353, 399, 402, 148 and 149, P.P.C. According to the prosecution case on 2-4-2004, Inspector Ghulam Murtaza Memon of Police Station Dadu, lodged complaint that on spy information that 6 bandits have assembled to a street near Kalhora Imam Bargah, to commit dacoity or some other offence, he along with police party vide Entry No.30, reached there. The culprits were seen in the light of vehicle and the electric bulb. There was exchange of fire between the accused and the police party, in the meantime on wireless message, help was also sought from other Police Stations, whereupon another Mobile also reached there. The firing continued for over and half hour, however, the police party in a tactful manner encircled the accused persons and arrested them. One of the accused Wazeer, who is applicant in criminal bail Application No.726 of 2004, was found lying injured with his Kalashnikov. After the arrest of applicants weapons and ammunition were also recovered from them as detailed in the F.I.R. Further case of the prosecution is that during this exchange of fire none from the police party had sustained any injury. Mr. Abdul Rasool Abbasi, Advocate for applicants contends that the police has falsely roped the applicants in the commission of crime which has never taken place. The applicants were arrested from their village and recovery of unlicensed weapons has been foisted upon them. He further submitted that this false F.I.R. has been' registered by the police in order to cover-up their own mala fide of causing injury to applicant Wazeer. He further submitted that though recovery of empties has been shown from the spot and the recovery of weapons from the applicants has also been shown but the same were not sent to the Ballistic Expert for his opinion. All the mashirs of recovery and arrest are police personnel and in such circumstances, the applicants, who are already in custody for almost 9 months are entitled to be released on bail. Mr. Anwar H. Ansari, learned State counsel did not dispute that none from the police party has sustained any injury due to the alleged firing of the applicants/ accused and that the weapons/arms and ammunition allegedly recovered from the applicants and the empties recovered from the spot were not sent by the Investigating Officer to the Ballistic Expert. He further conceded that all the mashirs of arrest and recovery of the applicants/accused are police personnel. Considering the above noted submissions of the counsel, in my opinion, applicants have succeeded to make out a case of further inquiry in their favour within the purview of section 497(2), Cr.P.C. This application is accordingly allowed. The applicants shall be released on bail on their furnishing surety in the sum of Rs.2,00,000 (Two lac) each and P.R. bond in the like amount to the satisfaction of the trial Court. H.B.T./S-24/K Bail granted.