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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: DEEDAR ALI VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Rehmat Hussain Jaffery Title: DEEDAR ALI vs THE STATE Case No.: Criminal Bail Application No,44 of 2003 Date of Judgment:2003-02-19 Reported As: 2005 YLR 855 Result: Bail granted
Judgment ORDER 1. Granted. 2. Granted but subject to all just exceptions. 3. This is a case of police encounter which took place on 25-7-2001 in between 5 and 5-20 p.m. At protection bund near village Gul Khoso. ' It is alleged in the F.I.R. That on receipt of spy information police party reached the pointed place where they saw one person armed with rifle, who seeing the police party tried to run towards the jungle, therefore, encounter took place and thereafter the said person was arrested who disclosed his name as Manzoor and rifle was secured from his possession. The accused and the property were brought to the police station where the F.I.R. Was lodged. The present applicant was arrested on 29-7-2002. A bail application was moved before the trial Court, but the same was dismissed, hence the present application. ' The learned Advocate for the applicant has stated that the name of the applicant has not been mentioned in the F.I.R.; that no weapon has been secured from his possession and that the presence of second person at the place of incident was not shown by the police in F.I.R. As such the applicant has been falsely involved in the case. ' The learned State counsel has stated that the police have alleged that the encounter took place between the police and one dacoit and that the applicant was not arrested from the Wardat and no weapon has been secured from his possession. He has further stated that the Mashirnama of Wardat does not show empties of weapon lying or secured from the Wardat by the police, therefore, he has no objection to the grant of bail.
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'The record supports the above contentions. It is not known from where the police had brought the second person and challaned him in the case as the encounter took place between police and only one alleged dacoit. Further more no empties of weapons were secured from the place of Wardat to substantiate the allegation of encounter nor anybody had received any injury from either side. Under these circumstances, the applicant is entitled for the concession of bail, therefore, bail is granted to the applicant in the sum of Rs,50,000 on furnishing solvent surety with PR bond in the like amount, to the satisfaction of trial Court. ' The application is allowed.