HABIBULLAH Versus State

ORDER

1. The applicant was arrested on 11‑3‑2004 for an offence punishable under sections 324, 353, 148, 149 and 411, P.P.C. arising out of F.I.R. dated 24‑12‑2003 lodged by S.H.O. Juma Khan Bhutto of Police Station, Karan Sharif.

2. It is alleged in the F.I.R. that a police party led by S.H.O. Juma Khan was busy in investigation of the crime relating to theft of electric wires when they received spy information and proceeded to the given spot where they noticed six unidentified persons. They challenged the suspects but the latter managed to escape leaving behind the electric wires. It is alleged that the culprits also fired at police party, but actually nobody received any injury.

3. I have heard Mr. Syed Aijaz Ali Shah, learned counsel for the applicant and Mr. Mushtaq Ahmed Kourejo, learned State Counsel, the latter concedes to grant of bail.

4. The facts and circumstances show that the identification test parade was held after four days of arrest of the applicant through the police personnel. Admittedly, the witnesses belonged to police and when the arrest was effected by police, the applicant was kept, at the police station for 4 days before the identification test, the genuineness of such identification test would, as such require 'further inquiry. Although the result of the identification test is not being doubt, at this stage, yet a case for bail is made out. It has also not come on record that electric wires were secured from the exclusive possession of the applicant and nobody from police sustained any injury.

5. In consequence of the above, the application is allowed. The applicant be released on furnishing solvent surety in the sum of Rs.80,000 and executing P.R. bond in the like amount, to the satisfaction of trial Court.

6. H.B.T./H‑34/K Bail granted.