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Petitioner: GHULAM SHABBIR VS Respondent: THE STATEHonorable Justice Sarmad Jalal OsmanyNoor Ahmed Memon,Anwar H. Ansari
2005 Y L R 300
2005 Y L R 300
[Karachi]
Before Sarmad Jalal Osmany, J
GHULAM SHABBIR---Applicant
Versus
THE STATE---Respondent
Criminal Bail Application No.C-560 of 2004, decided on 1st October, 2004.
Criminal Procedure Code (V of 1898)---
----S.498---Pre-arrest bail, grant of-- Accused who had been given a positive role in crime in question had been let off by the police Authorities, whereas accused, who had been given role of running towards scene of crime with a lathi in his hand had been involved and that too on statement made by one of co-accused under S.161, Cr. P. C.---Mala fides of police Authorities could not be ruled out---Interim pre-arrest bail granted to accused earlier, was confirmed on the same terms and condition.
Noor Ahmed Memon for Applicant.
Anwar H. Ansari, State Counsel.
ORDER
Learned counsel says that the name of the applicant does not appear in the F.I.R. according to which a number of persons had attacked the police party when they had come to arrest the nominated accused Mitho and Urs from the concerned village. However, the applicant's name has been mentioned in the challan as having been disclosed by the co-accused as one of the persons who came running to the scene of incident with a lathi. As opposed to this per learned counsel the police has let off Gul Hassan and Bux Ali who forcibly took the Seiko watch from the complainant. Similarly, Mir Muhammad who allegedly gave blows with a lathi to the complainant has also been let off. Hence per learned counsel ulterior motives of the police authorities cannot be ruled out in involving the applicant in the crime with the role only of coming at the scene with a lathi in his hand. Learned counsel therefore, prays that the interim pre-arrest bail granted earlier to the applicant be confirmed.
Learned State counsel has not opposed the confirmation of interim pare- arrest bail in the facts and circumstances of the case.
I have heard both learned counsel.
It would be seen that strangely enough the accused who have been given a positive role in the crime in question have been let off by the police authorities, whereas the present applicant who has been given the role of running towards the scene of the crime with a lathi in his hand has been involved and that too on the 161, Cr.P.C. statement of one of the co-accused.
Consequently, in my opinion at this stage the mala fides of the police authorities cannot be ruled out. Hence the interim pre- arrest granted to the applicant earlier is hereby confirmed on the same terms and conditions.
Criminal Bail Application No.560/2004 stands disposed of.
H.B.T./G-37/K Interim pre-arrest bail, confirmed.