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Criminal Bail Applications Nos.957, 843, 860 and 870 of 1986, decided on 3rd August, 1986.

‑‑‑S.497‑‑Penal Code (XLV of 1860), S.302/149‑‑Bail‑‑Fifty‑two persons challaned and facing trial for murdering seven persons by resorting to indiscriminate firing‑‑Contention that story set up by prosecution rot possible and no particular role ascribed to accused persons, held, of no avail‑‑Assessment of evidence at bail stage being not possible, bail declined, in circumstances.

‑‑‑S.497‑‑Penal Code (XLV of 1860), S.302‑‑Bail, grant of‑‑Fifty‑two, persons challaned for murdering seven persons by resorting to indiscriminate firing‑‑Petitioners old and infirm persons allowed bail in circumstances of case.

Muhammad Hayat Junejo, Usman Ghani Rashid, G.M. Soomro and Nooruddin Sarki for Applicants.

Abdul Sattar Shaikh,Addl. A.‑G. for the State.

The facts narrated by the complainant in the first information report are that he alongwith 12 persons was present in the lands when at about 6‑30 p. m 80 persons armed with guns and rifles came there. They cordoned them and started indiscriminating firing. The complainant has given the names of 55 persons whom he has identified and 25 persons have not been identified. It is further alleged that Liaquat Machi, Shahban Machi, Haji Khan Machi, Bachal Machi Shahban Machi, Mithal Mirbahar, Gunj Bux Gahiani and one quest were made hostages. During investigation dead bodies of six persons had been secured by the police from Rohri Canal and 2‑3 persons received injuries and fallen to the ground. The police started investigation and after usual investigation put up the challan against 48 persons out of the names mentioned by the complainant in the first information report. Seven persons have not been challaned. Out of 25 persons who have not been named in the F.I.R. four persons have been challaned.

I have heard learned counsel for the applicants and the learned Addl. A.‑G. It is contended that the story set up by the prosecution is false and no particular role has been ascribed to the accused persons and it is not possible that all these persons had taken the lives of seven persons. At this stage it is not possible to assess the evidence. It is also possible that some innocent persons have been named in the F.I.R. but taken into consideration the entire record and the facts of the case it cannot be said that the story set up by the prosecution is totally false.

Learned counsel have pressed the bail on behalf of applicant Ghulam Haider, Muhammad Hussain, Abdullah, Ghulam Qadir, Haji Jan Muhammad, Muhammad Moosa, Rashidullah, Sain Dad, Haji Abdul Wahab, Hizbullah and Amirullah on the ground of age. They are present in person and I have seen them. They appear to be old and infirm. While admitting these persons to bail in the sum of Rs.30,000 each and P.R, in the like amount to the satisfaction of the trial Court, the application of rest of the applicants is rejected.

S.G.D. Order accordingly.

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