ABDUL GHAFOOR and others vs THE STATE
This bail application arose from a criminal case registered against five applicants under Crime No. 86/95 at Police Station Mirpur Mathelo, District Ghotki, for allegedly engaging in a half-hour armed shootout with a police patrol party before surrendering. The core legal question was whether the applicants were entitled to post-arrest bail on the ground that the prosecution's narrative was highly improbable and warranted further inquiry. The High Court of Sindh observed that despite an alleged half-hour exchange of fire involving deadly weapons like Kalashnikovs, not a single person on either side was injured, nor was the police vehicle hit. Additionally, the court found it highly improbable that five armed men with loaded weapons would easily surrender to six policemen without attempting to escape. Consequently, the High Court held that the case fell within the ambit of further inquiry and granted bail to the applicants.
- Whether a case of further inquiry is made out for granting bail when a prolonged armed police encounter results in absolutely no injuries or damage to property?
- Can bail be granted if the prosecution's narrative regarding the surrender of heavily armed accused persons is highly improbable on the face of the record?
ORDER
1. ' Applicants were arrested in Crime No,86/95 of Police Station Mirpur Mathelo, District Ghotki lodged by A.S.I. Abdul Samad Bullo of Police Post Dad Leghari alleging that on 23-4-1995 he along with five other police personnel were on patrol duty on private vehicle and when they reached at . Bridge of Kanderi Shakh they saw in the vehicle's light five armed persons on the road, of whom one had Kalashnikovs the other had rifle, one had revolver and two were armed with S.B. Shot gun. One of those signaled the police vehicle to stop whereupon the police stopped the vehicle and informed the accused persons about their identity and required them to surrender. The five armed persons however, started firing at the police which was returned by the police too. This firing continued for half an hour where after the five persons surrendered to the police and were arrested, the weapons and the ammunitions were secured from them, they were taken to the Mirpur Mathelo Police Station where they were locked up.
2. ' Bail application was earlier moved before the Special Judge (S.T.A.) Sukkur Division at Khairpur which having been rejected, the applicants have approached this Court.
3. ' The applicants' counsel submits that the applicants have been falsely involved in the case due to political reason and that the entire F.I.R. Is false. He points out that it is unbelievable that in half an hour of exchange of firing between the police party and the applicants not a single person from either side was injured.
4. ' The Additional Advocate-General opposes the bail application as according to him the applicants were arrested at the place of occurrence and arms and ammunition had been recovered from them and therefore, there was no ground for enlarging them on bail.
5. It is indeed surprising that where there was exchange of fire with deadly weapons like Kalashnikovs not a single person received injury and even the vehicle which was parked on the road was not hit.
6. It is also hard to believe that five armed men were encircled by just six policemen and they surrendered so easily without making any attempt to escape all the more when their weapons were still loaded, as would appear from the F.I.R. Having regard to these factors we consider this to be a case of further enquiry. Accordingly we enlarge the
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