1993 P Cr (PLP)

This application for bail has been moved on behalf of applicants Imdad and Rahib who have been arrested by the police in connection with a case registered against them under sections 401, 341, 149 and 13-D, Arms Ordinance as Crime No.94/92 at Police Station Kandhkot. Briefly stated the case of the prosecution is that police party of Police Station Kandhkot, headed by S.H.O. Niaz Ali Chandio, was on patrol duty, during the night on 21-7-1992 and when-they reached Government Tube-well in Deb Wakro; they noticed a log on the road and saw that 5 persons duly armed with weapons were standing there. Two culprits who were armed with guns gave signal to stop the vehicle, of the police party. On the light of the vehicle, they were identified as Noor Ali alias Karti and Muhammad Bux alias Mahmdoo, Police party stopped there and alighted from the vehicle and directed the culprits to throw down their weapons and raise their hands. On hearing the name of police, the culprits took to their heels and ran towards south. The police followed and managed to catch hold of three culprits, who were Wazir armed with rifle, Rahib armed with gun and Imdad armed with revolver, Bullets and cartridges were also recovered from their possession. Those persons were, arrested and Mashirnama` to this effect was prepared in presence of Mashirs Haq Nawaz, A.S.I. and Allah Bux, H.C. The police party brought those persons to Police Station Kandhkot and registered report in 154, Cr.P.C. book. An application for bail for the applicants was moved before 1st Additional Sessions Judge, Kandhkot but the same has been dismissed. I have heard counsel for the applicants and Mr. Zawar Hussain Jaffri, learned A.A: G. for the State. Learned counsel for the applicants has submitted that case against the applicants would not fall within the purview of section 401, P.P.C., as there is no evidence to show that they belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery. Section 401, P.P.C. is reproduced below:-- Whoever, at any time after the passing of this Act, shall belong to any wandering or other gang of persons associated for the purpose of habitually committing theft or robbery, and not being of thugs or dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine. A perusal of section 401, P.P.C. shows that it is necessary to prove a case under section 401, P.P.C. that the accused persons belong to any wandering or other gang of persons associated for the purpose of habitually committing theft. In this case, the F.I.R., or the material collected by the police, do not show that applicants belong to any such gang. Mere fact that ' applicants were allegedly found, during night, duly armed with revolver and gun and had tried to run, on seeing the police, would not prove that they belong to such gang. Learned A.A: G. concedes to the prayer, of the bail. For the foregoing reasons, I grant bail to the applicants on furnishing one surety in the sum of Rs.50,000 each and P.R. bond in the like amount, to the satisfaction of the trial Court. N.H.Q./1-207/K Bail allowed.