MUHAMMAD YOUNAS and another vs STATE
This matter arose from a post-arrest bail application filed by two applicants accused of committing armed robbery and firing upon police personnel. According to the FIR lodged on 24.09.2008, the complainant alleged that two armed individuals attempted to rob him and subsequently engaged in a gunfire exchange with approaching police officers, resulting in injuries to both accused and their apprehension at the scene. During the pendency of the bail proceedings, the complainant submitted an affidavit explicitly denying the incident and stating that he had not made the statement attributed to him in the FIR. Based on the complainant's sworn disclaimer and the lack of opposition from the State counsel, the court determined that a case for bail was made out. The Sindh High Court allowed the application, granting bail to both applicants subject to furnishing surety bonds of Rs. 50,000/- each along with personal bonds to the satisfaction of the trial court.
- Whether post-arrest bail can be granted when the complainant files an affidavit resiling from the allegations in the FIR?
- Whether the lack of objection from the State counsel based on a complainant's non-supporting affidavit justifies the concession of bail?
ORDER
1. Granted.
2 & 3. On 24.09.2008, it was reported by complainant Parvez Ali that on that particular day, two persons on gun point asked him to hand over whatever he has in his possession. In the meanwhile, two police personnel on motorcycle were found coming there, accused persons made firing on them, police personnel also reverted in their defence, which injured both the culprits Muhammad Younus son of Muhammad Pannah and Ashiq Ali son of Peer Bakash. They were taken in custody alongwith the weapons and because of the injuries, were admitted in hospital. Subsequently, during the pendency of this bail application, an affidavit was filed by complainant Parvez Ali stating therein that no such statement, as alleged in the F.I.R., happened on 24.09.2008 and he has not reported at police station what has been stated in the F.I.R.
On the basis of such affidavit, learned counsel for the State has no objection for the grant of this application.
Accordingly, "applicants are allowed to be released on bail subject to their furnishing surety in the sum of Rs, 50,000/- (Rupees Fifty Thousands Only) each, and P.R. Bonds in the like amount to the satisfaction of the learned trial Court.