2010 PLP 1818 (MLD)

SYED SHAFQAT ALI SHAH MASOOMI, J.

Applicant Abdul Shakoor Rind is seeking post-arrest bail as he is wanted in Crime No.48 of 2009 of Police Station, Tando Masti Khan registered for an offence under sections 17/3 H.O., 397, 324, 353, 148, 149, P.P.C., and 13-D of the Arms Ordinance. According to F.I.R. lodged on behalf of the State on 8-4-2009, the police party was on patrolling and when they reached at National Highway Bypass Kela Picket near Siyal Bridge, they received spy information through Mobile Phone that at Faiz Wah Stop, five criminals are committing robbery from passengers of Bus No.JBB-0778 M. Nazir Inayatullah Coach and on resistance one passenger had also sustained injuries. On such information police made Nakabandi and in the meantime Bus came and which was stopped. Five persons alighted from the Bus with open faces and on seeing police party accused started direct firing at Mobile Van and police also made firing in defence in which one accused armed with TT pistol was killed; hence the F.I.R. was lodged as stated above. Heard the learned counsel for the applicant as well as learned A.A.-G, appearing for the State and also perused the material available on record. The learned A.A.-G. has frankly conceded to the grant of bail. Admittedly, the name of the applicant does not transpire in the F.I.R. with no specific role. No recovery of any crime weapon has been effected from the applicant. The eye-witnesses of Bus Driver Mahmood Khan, second Driver Ghulam Mustafa and Conductor Ghulam Mustafa have not identified the applicant in the identification parade neither the prosecution has called them for the identification of the applicant. The applicant was arrested on 24-4-2009 and he was put to identification parade before the Magistrate on 4-5-2009 and the only person, who has identified i.e. S.H.O. named Muhammad Abbass Bajwa after keeping the applicant in detention for a period of ten days and thereafter he was brought before the learned Judicial Magistrate for his identification parade. The identification parade held, itself is not reliable and in this respect the evidence of the said S.H.O. Muhammad Abass Bajwa is not confidence-inspiring; hence a case of further enquiry has been made out at this stage. For the foregoing reasons, this application is allowed. The applicant is admitted to bail subject to his furnishing a solvent surety in the sum of Rs.200,000 (Rs. two lac only) and P.R. bond in the like amount to the satisfaction of the learned trial Court. However, the observations made hereinabove are tentative in nature for the purpose of only disposal of bail application and may not influence the mind of trial Court, which is free to appraise the evidence strictly according to merits of the case. Bail Application No.614 of 2009 stands disposed of. H.B.T./A-127/K Bail granted.