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Criminal Bail Applications Nos. 1452 and 1454 of 1986, decided on 29th September, 1986.

‑Ss. 497 & 144‑‑Bail, grant of‑‑Arson and looting‑‑Applicant, a Press Reporter, and happened to be present at place of rioting, arson and looting in connection of his professional duty allowed bail, in circumstances.

‑‑Ss. 497 & 144‑‑BsAl, grant of‑‑Arson and looting‑‑One of applicants pleading to be on duty on the day and the time of incident while other claiming to have been admitted in hospital and certificates in support of such pleas produced‑‑Applicants allowed bail, in circumstances.

‑‑‑Ss. 497 6 144‑‑Bail, grant of‑‑F.I.R. comprehensive and giving names of accused persons‑‑Applicants in violation of S.144, Cr.P.C., taking out procession and in prosecution of common object of unlawful assembly so formed damaging and setting fire to Government Buildings, looting Government arms and ammunition, attacking Police personnel by firing at them with looted arms and eventually breaking open judicial lock‑up and suffering escape of prisoners declined bail, in circumstances.

Abdul Hafeez Lakho for Applicants.

A.A. Mohammadally, A . A . ‑G . for the State.

This order would dispose of the two applications moved on behalf of the applicants. Applicant Muhammad Jam has filed an application for bail before arrest and the other applicants have been arrested.

According to the prosecution, case on 14‑8‑1986 S.H.O. alongwith police personnels H.C. Meer Muhammad, H.C. Muhammad Qasim Constable Dilshad Ali, Constable Ghulam Sarwar, Constable Waris Khan, Constable Muhammad Khan and Constable Hazrat Gul as per entry No. 3 of 14‑8‑1986 started for patrolling on towards Chilya on National Highway. When were reached at the bridge Wadi Lakhani we received information that a procession of M.R.D. was coming from Chilya towards Thatta on foot. We conveyed the information to S.D.M. Thatta and Inspector Abdul Qudoos Sheikh, who arrived with police party. In the meanwhile a procession of 100‑150 persons was coming from Chano Chand on National Highway at about 1015 hours. Processionists were having Lathis, hatchets and small flags of P.P.P. The procession crossed us and was moving towards Thatta. Processionists were in high passions. We alongwith above force were following them. When we reached in front of Thatta Police Station another procession coming from Thatta joined said procession. They jointly came outside the main gate of police station and demanded that we should release their political leaders arrested by us, otherwise they will release them forcibly at 4‑00 p.m. Saying so they stood on the road in front of police station and were, raising slogans of 'Jeeay Bhutto'. In the meanwhile procession was swelling and about 5,000 persons gathered till 4‑00 p.m. Raising slogans of 'Jeeay Bhutto', throwing stones they forcibly entered in Sub‑Jail at 4‑30 p.m. and fought with police and drove away the police party, H.C. Muhammad Sharif, H.C. Allah Jurio, Constable Jam Khan, Abdul Ghafoor and Gul Sher and made them to go out. Thereafter they broke open the gates of jail and released 20 prisoners from barracks. They took away forcibly 3 rifles of .303, one sten gun and 550.rounds from (' Guard room. Thereafter they spilled petrol and set fire and burnt offices of Mukhtiarkar which house Sub‑Registrar's Office, City Survey District Taxation Branch Mukhtiarkar, Judicial lock‑up, Assistant Mukhtiarkar, and Zakat Ushr and Sub‑Jail. From there they roited and attacked police station alongwith ammunition and prisoners. They fired upon and threw stones upon Inspector Abdul Qadus, A.S.I. Sardar Khan, A.S.I. Sultan Ali Shah, A.S.I. Allahdino, H.C. Meer Muhammad,H . C . Peer Dino Shah, Constable Jalander Khan and 30 Police personels who were fired at as well as stones were thrown on them. Inspector Abdul Qudus received injury on forehead and Constable Jalander Khan received injury on left eye with bullets and stones. Procession attempted to break the gate of police station and encircled it. We used 231 shells of tear‑gas and 51 hand‑grenades to disperse the procession but procession did not disperse. Procession was in high passions and did not desist from breaking of gate of police station. Whereupon we and police party fired in the air about 1,172 rounds. Procession thereafter burnt down vehicle standing in front of and on the side of police station viz. Police Mazda GS/1310, Mazda P.I/1 for duty from Hyderabad, Government Pickup of Inspector Abdul Qudus GS/9840 and C.I.D's. Thatta Pickup GS/9626, S.D.M. Thatta's Suzuki Jeep 7796/GS, S.R.T.C. Buses standing there numbers: 951‑504, 951‑472, 960‑164, 961‑009, Car No. 046 477 recovered as stolen property, Private Motor Cycle of H.C.

Muhammad Azhar, Private Motor Cycle of A.S.I. Ejaz Hussain. Thereafter they entered in C.I.D's. Office, broke Malkhana and took away rifle 762 Chinese and 190 rounds and other property and set fire to record and furniture. Thereafter they went to my Government quarter caused damages and took one National Tape. Thereafter they went to Quarter of A.S.I. Ejaz Hussain and A.S.I. Allahditta and caused damages there. Thereafter they went towards quarter of Basheer Ahmed Constable and Head Constable Pirdino Shah and H.C. Ghulam Rasool, broke windows and doors of the quarters, went inside caused damage and took articles. They went on upper portion of police station and forcibly released anti‑social persons namely (1) Babu Ghulam ‑ Hussain Memon, (2) Shamsuddin Memon, (3) Ahmed Khan Memon, (4) Abdul Sattar Abbasi, (5) Abdul Sattar Soomro, (6) Purhoon Uqaili, (7) Mohram Shidi, (8) Muneer Ahmed Qureshi, (9) Mamoon alias Muhammad Gandro, (10) Ali Sher Shah, (11) Muhammad Bux Brohi, (12) Sarfraz Memon, (13) Basheer Ahmed Memon, (14) Ghulam Mustafa Samoo, (15) Imam Bux Khushak, (16) Peroz Zangiani, (17) Panjoo Chandio, (18) Ibrahim Sasio, (19)

Ghulam Hussain Khauskheli, (20) Qasim Thaeem, (21) Sultan Panwhar, (22) Shafique Shah, (23) Muhammad Siddik Sarweeh Sujawali. In the meanwhile further force consisting of A.S.I. Sakhawat Ali, A.S.I. Raeesul Hassan. and A.S.I. Muhammad Qasim Ghori and force from Hyderabad arrived in help who also fired in air and threw shells. Processionists took with them prisoners, Government weapons, Government property and other articles taken from quarters. I and our staff identified the accused on the spot. We can identify others on sight (1) Peeru Lohar, (2) Faiz Muhammad Qureshi, (3) Iqbal Shah, (4) Abdullah Shah, (5) Warrial Gandro, (6) Allahdino son of Qadan, (7) Ishaque Samoon, (8) Maqbool Sondhai, (9) Motan Jakhro, (10) Ibrahim Jakhro, (11) Baboo Shoro, (12) Ghulam Ali Shoro, (13) Bachal Shoro, (14) Khan Kasai, (15) Haji Yaroo, (16) Shafan Babir, (17) Naseer Soomro, (18) Ramzan Mirbahar, (19) Ibrahim Gandro, (20) Aslam Makrani, (21) Ibrahim Bhambro, (22) Gul Muhammad Shah Sujawal, (23) Mahram Mangsi, (24) Sillo Sabro, (25) Alloo Sabro, (26) Achar Sabro, (27) Noor Ali Palijo, (28) Aijaz Ahmed Rind, (29) Zia Khatri, (30) Usman son of Bhaloo Gandro, (31) Hashim Saban, (32) Zulfiqar Chang, (33) Ghulam Qadir Soomro, (34) Mehboob Qassim, (35) Jam Sarki, (36) Rabdino Bhutto, (37) Iqbal Bhutto, (38) Ali Gandro, (39) Iqbal Rind, (40) Abdul Malik Rind, (41) Rakhio Doordhotio, (42) Yousif Mangsi, (43) Ali Muhammad Haidro, (44) Shabir Dara, (45) Gullo Khaskheli, (46) Hashim Manchhari, (47) Babu Himayati, (48) Mehar Shoro, , (49) Mir Muhammad Brohi, (50) Allah Warayo Mangsi, (51) Ibraheem Shah, (52) Sikandar Baber, (53) Siddik Dayo Thatta, (54) Saleh Mirbahar Sujawal, (55) Ishfaque alias Firaq Thattvi, (56) Wahiddino Maker, (57) Abdul Khaliq Soomro, (58) Wazir Shah, (59) Jabbar Soomro, (60) Hassan Jakhro, (61) Shah Nawaz Rajpur alongwith other prisoners released from Jail, Aziz Kashigar, Ghulam Rasool Kashigar, Raza Muhammad Jakhro, Wahid Bhut, Ismail Bhut, Hussain Bhut, Peer Muhammad Brohi, Gharho Jakhro, Adam Shoro, Abdullah Jakhro, Abdul Latif Jakhro, younger brother of Pir Bux Brohi, who is studying in college name not known, younger brother of Abdullah Jakhro name not known, Azim Shoro, Gul Sher Shoro, Babu Ansari and others. The abovenamed accused by making unlawful assembly, and got escaped prisoners, taken Government arms and ammunitions and also set fire to Government buildings and vehicles, therefore, they have fired with the intention to kill and interfered in performance of duty, hence I lodge this report on behalf of State."

The learned counsel for the applicants has stated that there was a common object and that common object of the persons who collected there was only to take out a procession in violation of section 144, Cr.P.C. and they had not collected with the object to injure the police personnel and to damage the Government property.

The F.I.R. is comprehensive and the names of the accused have been given in it. They were armed with Lathis, hatchets and were throwing the stones and demanding for releasing their persons who were detained in the police station. It is further alleged that at about 4‑30 p.m. tt ‑r entered the sub‑jail forcibly by raising slogans 'Jeeay Bhutto' and alting stones. They drove out the police party and jail staff and broke the gates of the jail and freed about 20 prisoners, and also removed three .303 rifles and one stain gun and 550 rounds and then set fire by sprinking petrol to the entire office of Mukhtiarkar which housed the Offices of sub‑Registrar, City Survey, Judicial lock‑up, District Taxation Branch Mukhtiarkar, Assistant Mukhtiarkar, Zakat and Ushr and sub‑jail and then attacked the P.S. with arms and were accompanied by the prisoners and fired at the police party which was on duty inside police station which comprised of about thirty (30) persons. They also set fire to the police vans, police car and a private car and motor‑cycle standing in front and by the side of the police station . Later they entered the C . I . D . Office and broke open the Malkhana and removed various articles and one official rifle 7.62 Chinese and 190 rounds and set on fire the record and the furniture. Subsequently, they claimed over the police station and forcibly freed about 23 anti‑social elements and then went alongwith the prisoners.

The learned counsel for the applicants has stated that Ishfaque Ahmed (applicant No.1) is a Reporter of daily Aman. He was present there because of his professional duty. The applicant No. 6, Abdul Waheed was on duty on the day of incident at Thatta Cement Factory: He has produced such certificate. The applicant Muhammad Jam (Criminal' Bail Application No. 1452 of 1985) was admitted in hospital and he has also produced such certificate. The bail of Muhammad Jam is confirmed in view of the medical certificate, and the applicants Ishfaq Ahmed and Waheed are admitted to bail. In view of above facts, they willl be released on furnishing surety in the sum of Rs.25,000 (Rupees' twenty‑five thousand only) each and P.R. in the like amount to the satisfaction of the trial Court. In view of the above facts the application of the other applicants is rejected. The copy of the order be delivered to the counsel for the applicants by cover in hand for the trial Court.)

S.G.D. Order accordingly.

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