1. ' Bail is sought in a case registered at Police Station Chak for an offence punishable under section 17(3), Offences Against Property (Enforcement of Hudood) Ordinance 1979 and sections 324, 337- H(ii) & 353, P.P.C.
2. ' It is alleged that on 22-6-2003, a police party of Police Station Chak who were leading convey of Wagon and Coaster noticed seven unidentified persons on the side of road armed with fire-arms.
3. The police party took position and an encounter ensured but the culprits armed with Klashnikov turned around and controlled the complainant PC Bakhsh Ali and snatched the official Rifle, Belt, etc. From him. Other police men issued a challenge on which the culprits ran away. The present applicants were arrested on 5-8-2003 by Chak Police allegedly during another encounter wherein as per F.I.R. No.57 of 2003, the snatched official Rifle was secured from one of them namely Ghulam Ali. The identification test was held on 13-8-2003 through complainant and A.S.-I. Faraz while second identification test was held on 16-6-2003.
4. I have heard Mr. Jai Jai Veshno learned counsel for the applicant and Mr. Mushtaq Ahmed K ourejo learned State counsel. Mr. Jai Jai Veshno does not press the State bail plea on behalf of applicant Ghulan't Ali, while Mr. Kourejo has no objection to grant of bail to the rest in view of unexplained delay in holding the identification test.
5. Mr. Jai Jai Veshno contended that arrest was made by the police belonging to Police Station Chak and after eight days the identification test was held through the complainant party who also belongs to the same Police Station where the accused were kept for 8 days. This is the only piece of evidence against accused Shahnawaz and Muhammad Nawaz and I agree with Mr. Jai Jai Veshno and Mr. Kourejo that in such circumstances the case would require further enquiry. However, the bail plea of Ghulam Ali is not pressed therefore, without touching the merits of the allegations against the said applicant, his application is dismissed while other two namely Shahnawaz and Muhammad Nawaz are granted bail in the sum of Rs.50,000 each with one surety each and P.R.
6. Bond in the like amount to the satisfaction of the trial Court.