1996 P Cr (PLP)

Gul Bahar Korai for Applicants. Abdul Ghani Shaikh, Addl. A.-G. for the State. Applicants were arrested in Crime No.86/95 of Police Station Mirpur Mathelo, District Ghotki lodged by A.S.I. Abdul Samad Bullo of Police Post Dad Leghari alleging that on 23-4-1995 he alongwith five other police personnel were on patrol duty on private vehicle and when they reached at Bridge of Kanderi Shakh they saw in the vehicle's light five armed persons on the road, of whom one had klashnikov the other had rifle, one had revolver and two were armed with S.B. shot gun. One of those signalled the police vehicle to stop whereupon the police stopped the vehicle and informed the accused persons about their identity and required them to surrender. The five armed persons however, started firing at the police which was returned by the police too. This firing continued for half an hour whereafter the five persons surrendered to the police and were arrested, the weapons and the ammunitions were secured from them, they were taken to the Mirpur Mathelo Police Station where they were locked up. Bail application was earlier moved before the Special Judge (S.T.A.) Sukkur Division at Khairpur which having been rejected, the applicants have approached this Court. The applicants' counsel submits that the applicants have been falsely involved in the case due to political reason and that the entire F.I.R. is false. He points out that it is unbelievable that in half an hour of exchange of firing between the police party and the applicants not a single person from either side was injured. The Additional Advocate-General opposes the bail application as according to him the applicants were arrested at the place of occurrence and arias and ammunition had been recovered from them and therefore, there was no ground for enlarging them on bail. It is indeed surprising that where there was exchange of fire with deadly weapons like klashnikov not a single person received injury and even the vehicle which was parked on the road was not hit. It is also hard to believe that five armed men were encircled by just six policemen and they surrendered so easily without making any attempt to escape all the more when their weapons were still loaded, as would appear from the F.I.R. Having regard to these factors we consider this to be a case of further enquiry. Accordingly we enlarge the applicants on bail on their furnishing surety in the sum of Rs.1,00,000 each and .R. bond in the like sum to the satisfaction of the trial Court. N.H.Q./A-31/K Bail granted,