ALI KHAN Versus State

ORDER

1. RASHEED AHMED SOOMRO, J.--- Through instant application, applicant Ali Khan Mangnejo seeks post arrest bail in Crime No.85/2015, registered with Police Station Lakhi Chulam Shah, under sections 324, 353, 399, 402, 148, 149, P.P.C.

2. Brief facts of the prosecution case are that a police party headed by ASI Muhammad Nawaz Brohi during patrolling when reached at Kharose Laro on Lakhi Ghulam Shah-Larkana highway road saw four armed persons who had blocked the road with stones with intention to commit some offence and on reaching of the police party at the spot the culprits made straight firing upon police, which the police retaliated; during firing one of the culprits fell down by raising cry, while rest of them fled away. The injured accused was arrested on spot under mashirnama with 222-rifle and a bag containing one magazine having ten live bullets in it. The captive on inquiry disclosed himself to be Ali Khan Mangnejo and for rifle he disclosed it to be unlicensed, as such he was brought at police station, where instant case was registered on behalf of the State.

3. Learned counsel for the applicant argued that, all the prosecution witnesses are police personnel and no any independent person has been cited as witness or Mashir by the police. Learned counsel next argued that nobody was injured from the complainant party nor police mobile was hit by any bullet, though the alleged encounter continued for ten minutes, which makes the entire case as doubtful.

4. On the other hand learned DDPP opposed the grant of bail to applicant on the ground, that he has been nominated in the FIR with specific role of firing on police party; that there is recovery of empties from the place of incident and that the applicant was arrested on spot in injured condition along with crime weapon.

5. Perusal of record shows that none from police party has received any injury or even any scratch, nor their vehicle was hit by any bullet though alleged encounter is said to have continued for ten minutes and except police personnel no any independent person has been cited as witness OR mashir in the proceedings. In these circumstances, the case comes within purview of further inquiry as envisaged under section 497, Cr.P.C. Consequently, instant bail application stands allowed and the applicant Ali Khan Mangnejo is directed to be released on bail upon his furnishing solvent surety in the sum of Rs.100,000/- (One hundred thousand rupees) and P.R bond in the like amount to the satisfaction of trial Court.

6. Needless to mention that observations made hereinabove are tentative in nature and would not prejudice case of either party.

7. JK/A-109/Sindh Bail granted.