DUROO alias DARYO KHAN vs 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 revolves around 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 the firing resulted in no injuries and a co-accused had already been released on bail, the case warranted further inquiry under section 497(2), Code of Criminal Procedure 1898. Consequently, the court allowed the application and granted post-arrest bail to the applicant subject to furnishing required surety bonds. The key principle laid down is that post-arrest bail may be granted in cases of ineffective firing, particularly when supported by the rule of consistency based on the release of co-accused persons.
- Is an accused entitled to post-arrest bail in a case of ineffective firing where no injuries are sustained?
- Does the rule of consistency apply when a co-accused facing similar allegations has been granted bail by the trial court?
- Does an attack on a police party with firearms without causing injuries warrant further inquiry into the guilt of the accused under criminal procedure?
- Section 497, Code of Criminal Procedure 1898
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 co-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.