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-- S. 497/498-Penal Code (XLV of 1860), S. 302/307/353/148/149Accused at time of occurrence found in company of dacoits who were required in so many criminal cases-Accused at time of occurrence was armed with fire-arm in furtherance of common intention and fired at police party which resulted in death of police officer and injuries to another-Accused absconded for 12 months after incident and absconsion not properly explained-As to whose fire hit deceased, held, was immaterial in circumstances-Bail refused to accused.

P L D 1985 S C 182 fol.

5. 497/498-Penal Code (XLV of 1860), S. 302/307/353/148/149Name of accused appearing in F. I. R. and part attributed to accused, held, was not entitled to bail even though his fire did not hit deceased.

P L D 1985 S C 182 and Qasim and others v. The State 1984 S C M R 128 fol.

1983 P Cr. L J 1417 and 1982 P Cr. L J 686 ref.

Muhammad Rafique Khanzada for Applicant.

Abdul Ghafoor Mang , Asstt. A: G. for the State.

This is an application for bail on behalf of Kouro Burgiri in a case under section 302/307/353/148/149, P. P. C.

The case of prosecution as per F. 1. R. is that on 25-8-1983 A. S. I. Abdul Hakim received spy information that applicant Kouro and other members of gang of dacoits of Mir Birhamani are present in their village. He alongwith his subordinate Police staff went towards village Shadan and as soon as they reached near Otaq and houses of Mir Muhammad Birhamani, they saw Mir, Anwar, Allah Bux, Kouro, Shamoon, Muhammad Bux and four unidentified persons, who were armed with guns and rifles. On seeing Police Party, they asked them not to come near, otherwise they will be killed. They were informed to surrender and Policemen disclosed their identity. On hearing this, the gang of Mir Birhamani started firing, thereupon Police also fired at them. It is stated that fire of Anwar hit Jan Muhammad and fire of Mir hit Abdul Hakeem, A. S. I. who fell down and died. Accused ran away. The dead body of A. S. I. Abdul Hakeem was brought at P. P. Pat Gul Muhammad. Muhammad Siddique P. C. lodged report at P. S. Jadi on 23-8-1983 at 14-30.

Mr. Muhammad Rafique Khanzada submitted that no overt act is attributed to applicant, and it is specifically mentioned in F. 1. R. that fires of Anwar and Mir hit Abdul Hakeem and Jan Muhammad. His contention is that allegation against the applicant is of general nature. He has relied on the cases reported in 1983 P Cr. L J 1417 and 1982 P Cr. L J 686.

Mr. Abdul Ghafoor Mangi, Assistant Advocate-General, has opposed the bail and submitted that applicant was absconder when this incident took place, and he has been named in the F. I. R. and there is allegation of firing against him.

This incident according to F. I. R. took place at 6 a. m. in the morning and applicant was found in the company of gang of Mir Birhamani and others who were required in so many cases. The allegation is that applicant duly armed with firearm in furtherance of common intention fired at Police Party, which resulted in the death of A. S. I. Abdul Hakeem and injuries to Jan Muhammad. In these circumstances, it is immaterial as to whose fire hit the deceased. Applicant after the incident absconded for 12 months and absconsion has not been properly explained in view of case reported in 1'R P L D 1985 S C 182, the applicant is not entitled to bail. I also refer to the case of Qasim and others v. The State (1), where it was held that when names of accused appear in F. I. R. and part is attributed, he is not entitled to get bail even though his fire did not hit deceased.