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Criminal Miscellaneous Bail Application No. 459 of 1985, decided on 27tn November, 1985.

-‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 307/353/148/149‑‑ Bail Although no one sustained injury but nothing on record was available to show that accused was falsely implicated‑‑Prima facie a case under S.307, Penal Cock punishable with imprisonment for life, made out No reasonable ground existing to show that accused was not guilty of offence‑ Accused was picked out in identification parade‑‑Accused not entitled to have benefit given in S.497, proviso 3, Cr.P.C. statutory period having not yet expired‑‑Accused also named in another case herein an encounter between Police and dacoits took place causing death of policemen and injuries to others and said case was pending before Military Court Bail refused in circumstances.

1982 P Cr. L J 290 and 1981 P Cr. L J 1225 ref.

Ali Nawaz Ghanghro for Applicant.

Zawar Hussain Jafferi, A. A.‑G. for the State.

This is an application for bail in a case registered under section 307/353/148/149, P.P.C. and 13‑D of Arms Ordinance at Police Station Shahdadkot on 26‑3‑1984.

2. Briefly stated the facts are that S.H.O. Shahdadkot alongwith police party left the police station for securing one Salim son of Dr. Muhammad Saleh, who was abducted by the dacoits. The police party chased the dacoits and there was an encounter between 18 dacoits and police party. One Ali Gohar Chandio armed with automatic rifle was identified. Thereafter the dacoits boarded the Jeep and Police Party also followed them and again there was another encounter in which H.C. Haji Roshan Ali died and A.S.I. Muhammad Waris P. C. Qamaruddin and P. C. Muhammad Ali sustained injuries. One of the dacoits also died at the hands of police. A separate case under sections 302/353/148 and 149, P.P.C. was registered at Police Station Drigh, as Crime No. 19/84.

3. Mr. Ali Nawaz Ghanghro Advocate appearing for the applicant contended that there is a delay of 12 hours in lodging the report and identification was held on 4‑3‑1985 when applicant was arrested on 17‑2‑1985. He has also argued that there are only police persons as witnesses and no one sustained injury and applicant has remained in Jail for eight months. He has cited 1982 P Cr. L J 290, 1981 PCr.LJ 1225 and an order in Criminal Bail Application No. 411/85.

4. Mr. Zawar Hussain Jafferi, the learned A.A.‑G has opposed the bail and stated that present applicant was a Member of gang of dacoits headed by Ali Gohar Chandio and evidence has not been recorded. He has further argued that applicant was also absconder.

5. The applicant is involved in a serious case and there was an encounter between the police party and dacoits. In this incident which is registered as Crime No. 37/84 at Police Station Shahdadkot no doubt no one sustained injury, but at this stage there is nothing on the record that applicant has been falsely implicated by the witnesses. Prima facie case under section 307 P. P. C. punishable with imprisonment A of life is made out. There are no reasonable grounds to believe that applicant is not guilty of the offence. He was picked out in the identification parade. The delay is fully explained as after the first incident there was an other encounter in which one H.C. Haji Roshan Ali died and other policemen were injured.

On the ground of delay in trial the applicant is not entitled to have benefit on the simple ground that statutory period as per proviso 3 of section 497, Cr. P. C. has not yet expired. The next circumstances, which has been brought to my notice is that applicant is also made B accused in a case of death of policemen and causing them injuries. His name also appears in the challan and that case is pending before Military Court. Without prejudice to the case of applicant at this stage, I am of the view that this case is not a fit case for bail. Application is dismissed.

M.Y. H. Bail refused.

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