DUROO alias DARYO KHAN Versus THE STATE
This matter comes before the Sindh High Court upon a bail application filed by Duroo alias Daryo Khan seeking post-arrest bail in a criminal case involving charges of attacking a police party with firearms and rocket launchers. The core legal question concerns whether the applicant is entitled to bail on the grounds of ineffective firing and the rule of consistency, given that a co-accused facing similar allegations was previously granted bail by the trial court. The court held that since no injuries were sustained despite the firing and a co-accused had already been released, the case warranted further inquiry under the principles established in prior jurisprudence. Consequently, the court allowed the bail application, directing the release of the applicant upon furnishing suitable surety bonds.
- Is an accused entitled to post-arrest bail in a case involving ineffective firing where no injuries are sustained?
- Does the rule of consistency apply when a co-accused in the same case has been released on bail by the trial court?
- Whether an attack on a police party with firearms without causing injuries warrants further inquiry under criminal jurisprudence?
ORDER
1. WAHID BUX BROHI, J.--- The bail has been advanced mainly on the ground that this is a case of ineffective firing and that under the rule of consistency also the applicant is entitled to bail since one of the co-accused has been released on bail by the trial Court.
2. In brief, it is gathered from the F.I.R. that 17 known persons along with 8 unidentified culprits all armed with fire-arms including kalashnikoves and rocket launchers attacked the police party pertaining to Police Station Bahoo Khoso and even rockets were .fired from the rocket launchers at the police party, but incidentally no one was hit. It is, of course, mentioned that a rocket hit the A.P.C. but admittedly none from police party received any injury.
3. We have heard Mr. Muhammad Ayaz Soomro, learned counsel for the applicant and Mr. Mushtaq Ahmed Kourejo, learned counsel for State, the latter conceded to the grant of bail on the ground of rule of consistency.
4. Mr. Muhammad Ayaz Soomro contended that even on merits the Division Bench of this Court granted bail almost in similar circumstances in the case of Abdul Ghafoor v. State 1996 PCr.LJ 1573.
5. On applying the principle laid down therein, we are persuaded to agree with the learned counsel that this being a case of ineffective firing. The allegation should in ordinary course require further inquiry. However, the bail plea is further fortified by an earlier order passed by trial Court wherein ca-accused has been released on bail. In all these circumstances, we are inclined to accept the bail plea.
6. Resultantly, the application is allowed. The applicant be released on furnishing surety in the sum of Rs. one lac and executing P.R. Bond in the like amount, to the satisfaction of trial Court.
7. H.B.T./D-11/K Bail granted.