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Criminal Bail Application No.1788 of 1986, decided on 15th December, 1986.
---S.497--Penal Code (XLV of 1860), S.307/399/402/353--West Pakistan Arms Ordinance (XX of 1965), S.13-D--Bail, grant of--Investigation although complete yet trial not commenced as yet--Except for allegations levelled by police no other material to connect petitioners with offences available--Five co-accused already granted bail-- Petitioners also allowed bail, in circumstances.
Humayoon A. Rind for Petitioner.
Abdul Ghafoor Mangi, A.A.-G. for the State.
The petitioner has been challaned alongwith other accused persons for the offences under sections 307,353,399,402 P.P.C. and 13-D Arms Ordinance. His bail application has been rejected by the learned Additional Sessions Judge, Kandiaro.
The facts are that when the police party reached Lakha Road Railway crossing, they received spy information that some persons duly armed were coming from the border with the intention of committing dacoity. On receiving this information, police party went towards that side and when they reached the border, they saw 9 persons duly armed coming towards them by katcha Road. Police party immediately got down from the vehicle and tried to take position, the accused fired at the vehicle and the Police party. The Police party also fired at them in self-defence. The accused tried to run away. The Police party encircled them and caught hold of 7 persons.
Mr.Humayoon A.Rind, the learned counsel for the petitioner has contended that the petitioner has been arrested from the village of Ali Khan Rind for which he came for 'faisla' alongwith the nekmard and the Kandiaro police arrested him four days ago from the lodging of the F.I.R. He has been arrested on the allegation that he was making preparation to commit dacoity ' and to cross-fire and the cross -firing has taken place for about half an hour but no one has been injured. According to the allegations in the F:I.R., one country made pistol from the fold of his shalwar and 6 cartridges from his shirt pocket were recovered. Mr. A. G. Mangi learned Assistant Advocate-General has not opposed the bail.
I have gone through the material available on record. The investigation is complete and the trial has not started. Apart from the allegations made by the police party, there is no material against the petitioner. The learned counsel for the petitioner has stated that its fact according to his instructions, the petitioner was arrested from the bus stop while he was going to attend the Court of Civil Judge & F.C.M. Kandiaro. According to his instructions country made pistol and cartridges were foisted on him. I have already granted bail to 5 other accused persons. In such circumstances the petitioner is admitted to bail. He may be released on bail on furnishing surety in the sum of Rs.25,000 (Rupees twenty-five thousand only) and P. R. bond in the like amount to the satisfaction of the Additional Sessions Judge, Kandiaro.
S.G.D./S-58/K Bail granted.
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