SAFDAR ALI Versus THE STATE
ORDER
1. The facts leading to present application for bail are that applicant/accused Wahid Bux son of Nabi Bux is facing trial in S.C. No.75 of 2000 before the learned Sessions Judge, Naushero Feroze under sections 353, 324, P.P.C. It arose out of F.I.R. No.33 of 2000 of Police Station Padidan.
2. The brief facts of the prosecution case disclosed by complainant A.S.‑I. Muhammad Azeem of Police Station Moro are reproduced hereinbelow:‑‑
3. "On behalf of State I complain that I am posted at Police Station Moro. As per order No.666 dated 27:3‑2000 of Police Station Moro and warrant of A.D.B.P. Bank Moro bearing No.059567‑097219 under section 82(2), Land Revenue of West Pakistan, 1967 against Siyano Khan son of Chanesar, by Caste Dahri, resident of own houses, Deh Kat near Sonhari for the recovery of amount Rs.2,50,000 and as per Order No.167 dated 28‑3‑2000 of S.S.P. Naushero Feroze and Order No.198, dated 29‑3‑2000 of D.S.P./S.D.P.O., Moro and Daily Diary Entry No.173, dated 30‑3‑2000 of police station. We proceeded for the inquiry and recovery from accused Siyano Khan. Yesterday we had directed Muhammad Aslam Dahri for inquiry. He is resident of Village Abdul Rehman Dahri near Sunhari Form. Today I alongwith PC/4626 Habibullah Bhuqio, P.C./1470 Ghulam Mujtaba Sahri, in uniform boarded in Government vehicle duly armed with arms and ammunition, vide Daily Diary Entry No.66, dated 31‑3‑2000 proceeded from police station to Moro at 5‑00 hours in Government Vehicle No.4654, driven by P.C. Qurban Ali Bhatti. At about 6‑0C hours, we reached at the house of Siyano Khan Dahri near Sonhari Form, where we met with Sarho Dahri, who disclosed himself to be servant of Siayno Khan. We inquired from him‑about Siayno Khan. He disclosed that he has gone to Wahid Bux Lashari to his village Mureed Dahri. We proceeded from there and met with applicant Muhammad Aslam Dahri near Yousif Mori Barrage, who also accompanied us. At about 7‑00 hours we reached at unmetalled road of village Mureed Dahri, Deh Dal. We called one person who was standing in the land, and enquired from him about his name. He disclosed his name as Wahid Bux son of Nabi Bux, by Caste Dahri, resident of village Mureed Dahri. We enquired from him about Siyano Khan Dahri. He disclosed that Siyano Khan is his uncle, but he is not available. In our presence Wahid Bux exchanged harsh language with Muhammad Aslam and expressed that they are not on talking terms with each other. We replied that he has come with us and we have been informed that Siyano Khan has come to this village and we have warrants of his arrest. On this Wahid Bux Dahari took out pistol from the fold of his Shalwar and directly fired upon us and Muhammad Aslam Dahri, we fell down and the fire shots hit Muhammad Aslam Dahri. He sustained injuries. We immediately encircled and arrested him i.e. Wahid Bux Lashari alongwith revolver. Due to non‑availability of private Mashirs. P.C. Habibullah Bugio and P.C. Ghulam Mujtaba Sahti were made Mashirs. The revolver was recovered from accused Wahid Bux. He was arrested. His personal search was taken. Nothing was recovered. The revolver was opened. It contained 4 empty bullets of .32 bore, which were taken out from barrel. The revolver, was Pak. Made bearing No.4376. We enquired about the licence of revolver from accused Wahid Bux to which he disclosed that it was licensed one and licence is lying in the house. The accused, revolver and empty cartridges were taken into possession. Such Mashirnama was prepared in presence of Mashirs. Thereafter we brought accused, revolver and empty cartridges at police station in custody. We also brought injured Muhammad Aslam Dahari at police station. As the accused Wahid Bux Dahri has deterred us in official duty, fired upon police party and injured Muhammad Aslam with revolver with intent to commit murder and injured Muhammad Aslam Dahri, therefore, the case on behalf of State is registered. "
4. The applicant/accused applied for bail before the trial Court, but it was declined by impugned order, dated 1st June, 2000.
5. I have heard Mr. Mughal Mumtaz Ali Khan learned counsel on behalf of the applicant/accused, he has placed reliance on the cases of Muhammad Saleem v. State.1984 PCr.LJ 3086; Munir Ahmed v. The State 1994 PCr.LJ 1405, Wazir Zaman v. The State and another 1996 PCr.LJ 722, Akhtar Mehmood, Advocate and others v. State 1996 SCMR 1342, Muhammad Ismail v. Muhammad Rafique and another PLD 1989 SC 585, Muhammad Saleem v. The State 1984 PCr. LJ 3086, Muhammad Muzaffar v. The State 1995 PCr.LJ 1345 and Muhammad Abbas and another v. The State PLD 1988 SC (AJ&K) 14.
6. I have also heard Mr. Muhammad Bachal Tonyo learned Additional Advocate‑General on behalf of the State.
7. The perusal of material placed on record shows that the F.I.R. was promptly lodged. Name of the applicant/accused transpires in the F.I.R. It is broad‑daylight incident. The applicant/accused fired with fire‑arm upon the P. W. Muhammad Aslam with the result he sustained three fire‑arm injuries A on his belly. The applicant./accused deterred the public servants in performance of their duties and he was apprehended on the spot with fire?arm. No enmity has been suggested or pointed out with complainant party. Merely because the offence is not punishable with death or imprisonment for life is no ground for grant of bail in each and every case. The citations relied upon by the learned counsel are distinguishable from the facts and circumstances of the present case. Consequently, the application for bail stand dismissed.
8. N.H.Q./W-14/K ????????????????????????????????????????????????????????????????????????????????? Bail refused