1. The applicants, out of whom applicant Imam Bux is A.S.I.P. And the remaining are the Police Constables, are accused in a case registered against them under section 302/307/147/148/149, P.P.C. At Police Station Matiari. The prosecution case as set up to the F.I.R. Lodged by one Haji Minhal is that on 27th June, 1978, at about 12 noon complainant Haji Minhal was taking tea at Chandan Mori at the hotel of Yar Muhammad when the applicant Imam Bux along with other applicants Police Constables got down from a Suzuki van and went towards the hotel of Ali Ahmad Lashari where deceased Paru was sitting. They inquire) from Paru his name and asked him to accompany them to the police station. Paru remonstrated at his being taken to the police station and in the process abuses were exchanged between him and applicant Imam Bux. Applicant Imam Bux thereupon asked the other applicants to get away from Paru. The said applicants obeyed and left Paru. Applicant Imam Bux thereafter fired at Paru from his revolver which hit him on his chest and he fell down dead on the spot. Applicant Imam Bux thereafter tried to put the body of deceased Paru in the Suzuki on which P. W. Esso came running and told the applicants that they would not allow the dead body of Paru to be taken away whereupon applicant Imam Bux fired at him also from the same revolver which hit him in the back, By that time P. W. Khan Muhammad also came running who was also fired at by applicant Imam Bux as a result whereof he received serious injuries and fell down and died later on in the hospital. In the meantime P. W. Khiali Khoso also got down from the bus and came to the vardat whereupon applicant Abdul Karim, who is not present before this Court, fired at him where after all the police constables are alleged to have inflicted blows with the butts of their rifles to P. W. Khiali Khoso and Qasim.
2. All the applicants applied for bail before arrest to the Sessions Court at Hyderabad but their application was rejected by the learned Ist Additional Sessions Judge by his order dated 31st October, 1978. Hence this application.
3. Applicant Abdul Karim is not present in Court and as such his application is not considered and is accordingly rejected.
4. Mr. Sadiq Ali Khoja, learned counsel for the applicants contended that inasmuch as the applicants were attacked by the complainant party they had acted in self, defence and therefore they were entitled to bail. He further contended that in any case the firing causing death of the two deceased is directly attributed to applicant Imam Bux and fire-arm injuries caused to the injured Khiali are attributed to Abdul Karim only, and no overt act has been assigned to the remaining applicants excepting a vague and general allegation that "all the police constables then gave blows to Khiali and Qasim with butts of their rifles" and as such tine remaining applicants are entity: d to bail.
5. Mr. A. Sattar Shaikh, learned Assistant Advocate-General, opposed the bail of applicant Imam Bux on the ground that the fatal injuries to the two deceased had been attributed to him, With regard to the remain--ing applicants, excepting applicant Abdul Karim, be however, contended that since they had accompanied their superior in performance of their duties and they had also not caused any fire-arm injury either to the deceased or to any of the injured persons and nor was any specific role assigned to any of them, their complicity in the offence of murder is yet to be established at the trial and therefore he would have no objection if they are released on bail.
6. I fully agree with the learned- Assistant Advocate-General that the incident having admittedly taken place and the applicant Imam Bux having beers assigned the specific role of firing at the two deceased he is not, in the circumstances, entitled to bail before arrest. As to the remaining applicants Shahdad Khan, Abdul Hakim, Ali Gohar and Muhammad Bux, since they are not alleged to have caused any fire-arm injury and are also not assigned any specific roll, I am inclined to agree with the learned Assistant Advocate-General that they are entitled to bail. Accordingly, while dismissing the bail before arrest applications of applicant Imam Bux and of Abdul Karim due to his being absent. I grant bail before arrest to each of the applicants Ali Gohar, Muhammad Bux, Shahdad Khan and Abdul Hakim in the sum of Rs. 10,000 with the surety and P.R. Bond in the like amount to the satisfaction of the Sessions Court at Hyderabad. It shall, however, be open to the prosecution to apply for cancellation if the evidence brought on record at any stage of the trial warrants such a course.