1. The applicants have been booked for an offence punishable under Sections 324, 337-H (ii), 353, 148 & 149 P.P.C.
2. It is alleged in the F.I.R. that on 5.8.03 at 5:30 a.m. SIP Abdul Majeed SHO Police Station Chak and his party conducted raid at the house of Shahnawaz Jatoi and others where they met with resistance and found Peroz, Ali Nawaz, Dilmurad, Muhammad Nawaz, Ghulam Ali, Shahnawaz, Laskhari, Rasheed and Khalikoo all armed with fire arms. According to F.I.R. they opened fire at police party with intention to kill them. Accused Shahnawaz however gave a blow to HC Ranjhan with the Butt of Kalshnikov. The police succeeded in apprehending all of them and secured the official rifle from Ghulam Ali which was snatched from PC Bakhsh Ali during the commission of offence of dacoity and encounter with police as per F.I.R. No. 44/2003 dated 22.6.2003 of the same police station. Fire arms were secured from others also.
3. I have heard Mr. Jai Jai Veshno learned counsel for the applicants and Mr. Mushtaque Ahmed Kourejo learned State counsel.
4. Mr. Jai Jai Veshno learned counsel for the applicants did not press the application on behalf of Ghulam Ali from whom allegedly the official rifle was secured, while Mr. Kourejo submitted that he had no objection to grant of bail in respect of the remaining applicants.
5. Mr. Jai Jai Veshno submitted that in view of judgment in an other case and deposition of Abdul Hameed Complainant in the said case the enmity of Complainant with Dilmurad is made out. It is difficult to agree with learned counsel at this stage since the above pieces of evidence are yet to be produced at the trial. Judicial notice, could of course, be taken of the same. Nevertheless in the instant case the allegations are general in nature and although the culprits are said to be armed with deadly fire arms yet one of them namely Shahnawaz had given only a blow with Butt of Klashnikov. The contention that the allegation of attempt to commit murder would therefore require further enquiry is thus not without force. Resultantly, the applicants Peroz, Muhammad Nawaz and Shahnawaz are entitled to bail while the bail plea of Ghulam Ali is declined without touching the merits of the alldgation as against him since bail plea on his behalf is withdrawn.
6. In consequence of the above, the application is allowed to the extent that Peroz, Muhammad Nawaz and Shahnawaz be released on bail subject to furnishing solvent surety in the sum of Rs.
7. 50,000/- each and P.R. bond in the like amount to the satisfaction of the trial Court.