JANAN alias JANO CHANDIO and another vs THE STATE

ORDER

1. ' MUHAMMAD IQBAL MAHAR, J.---Applicants/accused Janan alias Jano and Aijaz seek bail in case Crime No,380/2008 of P.S Dadu, offence punishable under sections 302, 353, 148, 149, P.P.C. 6/7 Anti- Terrorism Act, 1997.

2. ' Precisely, the prosecution story is that on 12-8-2008 complainant Ghulam Muhammad, S.H.O.

3. Police Station Dadu deputed HC Roshan Ali (deceased) and P.C. Abdul Hakeem for collecting information regarding absconding accused persons. Complainant along with his subordinate staff left police station at 0500 hours as per Entry No,38 dated 12-8-2008 for patrolling in the city on Police Mobile. They were in contact with H.0 Roshan Ali (deceased) on mobile phone, who informed the complainant that Janan alias Janoo and other armed persons were seen on motorcycle in surroundings of Mallah Chowk. On such information the complainant along with his subordinate staff proceeded towards pointed place and contacted with Incharge City No,2 A.S-I. Ghulam Sarwar Soomro and asked him to reach at Mallah Chowk. At about 0630 hours when they reached near Hotel of Shafoo Mallah, they saw on the light of Police Mobile that H.C. Roshan Ali (Deceased) was standing there and was talking on Mobile Phone. In the meantime three motorcycles stopped near him wherefrom applicant/accused Janan alias Janoo armed with Kalashnikov, Aijaz armed with pistol, co-accused Waris, Ali Hassan son of Gullan, Ali Hassan s/o Ali Nawaz armed with Kalashnikov, Wazir armed with pistol and two unidentified persons armed with pistols got down from the motorcycles. Applicant/accused Janan alias Janoo fired three shots at H.0 Roshan Ali (Deceased) on chest, Applicant/accused Aijaz fired at Roshan Ali, which hit him so also remaining accused persons fired at H.C. Roshan Ali (Deceased) which hit him, who fell down. In the meantime A.S-I. Ghulam Sarwar Soomro along with his subordinate staff reached there on Police Mobile and on hearing fire reports the Mohallah people also rushed to the place of incident. The accused persons on seeing the police party created harassment and went away on their motorcycle.

4. ' The complainant went towards H.C. Roshan Ali (Deceased) and found him having injuries lying dead. The police party arranged Nakabandi at protective bund but the accused persons did not go to their village and then the complainant went to police station where he registered the F.I.R.

5. ' Learned counsel for applicants/accused contended that during the investigation co-accused Wazir was found innocent and the case against the applicants/accused is identical. He further submitted that there is delay in recording 161, Cr.P.C. Statements of the prosecution witnesses and no private person has been cited as witness of the incident, therefore, prayed for grant of bail to the applicants/accused.

6. ' Conversely, Mr. Muhammad Azeem Panhwar, learned State counsel submitted that the applicants/accused are nominated in the F.I.R. And 161, Cr.P.C. Statements of the prosecution witnesses, specific role of firing at deceased H.C. Roshan Ali is attributed to him. Kalashnikov and Pistol have been recovered from the possession of applicants/accused respectively. He further submitted that co-accused Wazir has been shown as absconder in the charge-sheet, therefore, he prayed for rejection of bail application.

7. We have given due consideration to the argument advanced by the learned counsel for respective parties and have gone through the record.

8. ' The perusal of record shows that the applicants/accused are nominated in the F.I.R. With specific role of causing fire-arm injuries to deceased. Prosecution witnesses in their statements under section 161, Cr.P.C. Have fully supported the version of complainant given by him in the F.I.R. The medical evidence also supports the version of complainant party. There is recovery of Kalashnikov from, the applicant/accused Janan and pistol from applicant/accused Aijaz and no enmity with the police has been suggested or pleaded by the applicants/accused.

9. ' So far as the contention of the learned counsel for applicants/accused that co-accused Wazir was found innocent and was let off has no force because the learned State counsel has submitted that Wazir son of Bhooro has been shown as absconder in the charge sheet.

10. ' At this stage, there is sufficient material against the applicants/accused on record to suggest that there are reasonable grounds to believe that the applicants/accused are connected with the alleged offence. The counsel for the applicants has failed to make out case of further enquiry.

11. ' It is settled principle of law that deeper appreciation of material at bail stage is deprecated.

12. ' The above are the reasons of our short order dated 1-4-2009 dismissing the bail application of the applicants/accused.