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Criminal Bail Application No.1789 of 1986, decided on 15th December, 1986.
---S.497--Penal Code (XLV of 1860), S.402--West Pakistan Arms Ordinance (XX of 1965), S.13--Bail, grant of--Applicants caught red-handed during odd hours of night with arms on the road which was blocked--Occurrence witnessed by as many as eight prosecution witnesses--Bail, refused in circumstances.
Humayun Rind Baloch for Applicant.
Abdul Ghafoor Mangi, A.A.-G. for the State.
This is an application for bail in a case registered u/s.402 P.P.C. and 13-D Arms Ordinance.
Brief facts of the case are that on 4-10-1986, S. H.O. Kandiaro along with police party went for patrolling. When they reached on -Link-Road they saw stones lying on the road and two persons standing. Police party challenged them but they tried to escape. However, they were apprehended. They gave their names as Ghulam Ali Rind, Jam Rind, Umed Ali Rind, Ghulam Rasool, Mangrio and Hashim Mangrio. Police secured loaded pistol from Ghulam Ali, pistol from Ghulam Rasool and cartridges, hatchet from Hashim and lathis from Umed Ali and Jam. They were brought at police station and case was registered.
Mr.Humayun Rind argued that offence is not punishable with death or imprisonment of life and accused have been involved due to enmity.
Mr.Abdul Ghafoor Mangi A.A.-G. has opposed the bail and submitted that as many as eight eye-witnesses have supported the case.
Applicants were caught red-handed during odd hours on they road with arms when road was blocked. There is nothing to show that applicants have been involved due to enmity. Though offence is' punishable with seven years but it is non-bailable offence. In such serious offences bail has been refused as these cases come under the' exceptions. The case is fresh one and no evidence has been recorded. There are as many as eight eye-witnesses and in all cases evidence of Police cannot be discarded. I am not inclined to exercise discretion in favour of applicants. In my view this is not a fit case for bail.
However, it is open to applicants to repeat their bail plea when evidence is recorded.
G.D./G-27/K Bail refused.
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