Fida Hussain @ Mir Jatt (Applicant) VS The State (Respondent)

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IN THE HIGH COUKT OF SINDH AT KARACHI

Cr. Bail Application No.S LT of 2OO9

f)ate Orcter witfr s ture of Jud e

FOR HEARING.

i Mr. Rab Nawaz Khan, advoeate for applicant. Mr. Sardamddin Qureshi, advocate for the State.

This bail application under Section 497, Cr.P.C. has been filed by applicant Ficla Hussain in FIR No. 183/2006, Police Station Steel Torvn (AVCC), which basically says that:

'Todav, I, P.I. JehanzaTb Khan posted at ACLC Karachi along with police officials, Sulr-lnspector Shahid Mehmood, ASI Gulab Chanclio, ASI Ajmeer Khan, PC Sultan No. PC- 1765, PC Darrish PC-2319O, AliDost LL6O2 were busy in prevention of crimes, ancl searching in the absconding aeeused of cases, registerecl at AVCC, in Goverrrment mobile, then reached at Sohrab Croth, rrceived information through informer that accusecl Ficla Hussain alias Mer Jatt involved in the heinous crimes of kidnapping in interior Sindh will go to Thatta by his vehicle.

On information reachecL at Quaidabad Chowrangi a-t 1O:OO and stanted search ttrrough police offrcials.

One car No.ACC -796, Maker Suzuki Mehran white colour, sitting two persons proceerling to Thatta ttrrough National Highway *""* pointed out tly inforarrer, gave signal to stop the bui driver of such calr except to stop, made fast speerl' "rr, Therefolt, tve police officials follorved the such car by Govt' t Mobile, alcl rreachecl at Quiacl azan), Park, National Highway, dt 12 15 hottrs, seeing police party, accused persons started futng on poliee parqr *itf, deacLly weapons, I, inspector in self 1 clefense througf Oq- MM Pistol ancl through Govt' weapons of police officials macle frring for the arrest of accused persons, cal- of above number parked at Quaidazaln' PaIk ^.rrrrohile National Highrvay, ancl the person sitting with the seat of driver seat ,b".orrded. in street after rnaking firing on police party, The person, who sitting in driving seat disclosed his Llarne F icla Hussain alias Mir Jatt son of Wiryan, with the help of police officials, apprehended. Due to frring non-availability of private witnessei, in the presence of police officials, ASI Ajdeer Khan, ASI Ghulam Chagdio taken his personal .IJX siarch, then from the right hancl of accused Fida Hussain

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recovened 30 bore pistol, load magazine, 04 rounds, during the further search of vehicle ca.r, recovered 06 Rocket, orle Roeket Launcher, 15O bullets of Kalashnikov in green colour b"g", according to memo. Further search of vehicle, inside driving seat, under "Paieydan" O3 empties of Mouzer 3O bore, J Close Belt, and two empties of Kalashnikov wene found.

Further search of accused recovered cash Rs.23OO ftom hirn. vlt He has also cliselosed the name of absconding accused Mian Bux Khoso. Act of accused falls in tl/S 353/324134, 13-D, D 1-3-8, Arms C)rdinalee, 415 Explosive Act. Therefore , ,/ according to ulemo arrested. Recovery have been dispatched separ:atelv. Car was seized in U/S 55O Cr.P.C. in police custody. "

In essence, allegations against the accused is ,f fti#,tr f,*t*

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he was going in his -,-*--^: car along r,vith his companions. On search of his ! ^i --. car, a pistol, Kalashnikov with bullets and a rocket launcher were reeovered.

Aceording to learned counsel for applicant, potce have falsely implicatecl him in this case and if it is the case of any counter firing, further enquiry needs to be made. He has rclied on ttre ca.se of ILLAHI BUX VS. THE STATE (2OOl P.Cr. L.J. L731) in this respect.

He has also pointed out that despite this fire frght, there were n,o injuries to any party and no vehicle was da:r,age by any counter firing, which in itself he alleges, is suspicious. He submits that there is lLo Ballistic Expert report and that in the challan only 3O bore pistol and three empties have treen shown.

LearnecL eounsel for the State vehemenfly opposes the bail as this is a most serious erime. Bail was refused by the lear:red trial Court on the basis that bail could not be granted as the offence falls within the prohibitory clause of Section 497 , Cr. P. C. learned counsel for the State, however, concedes that bail can be granted under Section 497, Cr.P.C. if it is a case of further enquiry. vx

Having hearcl the arguments of the applicant and the State counsel and revieurecl the documents placed on rccord and the relevant case law, I frncl most troubling fact in this case is that the tt accused, has been irr j*il since 19th October, 2A06 but as yet no(".L single witness has been examined in the case though over two and \ haff years have lapsed. It is the obtigation of the prosecution to {' prove its case against the accused and under the Constitutional no fleJlo't one should. be deprived of his libeny*' unless in accordance urith law. In bailable cases, bail is a rule r:ather than exception. Alth.ough this is a non-bailable case, I am of the view ttrat it is a case of further enquiry and that the pnosecution has failed to proceed \rith the case expeditiously.

Accorrlirgly, the applicant Fida Hussain is enlaryed on bail upon his ftirnishing sure$' in the sum of Rs.2,OO,OOO/- (Rupees TWo Lae Only) and P.R. Bond in the like amount to ttre satisfaction of the triaf Court.

The bail application stands disposed of.

JUD

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