1. ' MUHAMMAD MUJEE&ULLAH SIDDIQUI, J.--- By this order I intend to dispose of two bail applications submitted on behalf of the applicants in Crime No,4 of 2003, Police Station Batho Forest, under sections 324, 353, 147, 148, 149, P.P.C. And Crime No,37 of 2003, Police Station Saeedabad, under sections 397 and 427, P.P.C. Read with section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979.
2. ' Briefly stated the prosecution case is that a highway dacoity/ Haraba was committed in a bus plying between Nawabshah and Saeedabad. The matter was reported to Police Station Saeedabad. Saeedabad Police chased the culprits and thereafter an encounter took place in which several hundred shots were fired by the police party. The present applicants are stated to have taken protection on Mango tree and they fell from Mango tree without sustaining any injury.
3. According to Mashirnama not a single empty of the bullets out of several hundreds Fired by the police, has been recovered. The Investigating Officer was called upon to furnish explanation in this behalf. An explanation has been furnished to the effect that the land was muddy and there are lots of Mango leaves on the ground and therefore, not a single empty could be recovered. The learned State Counsel have conceded that the explanation is not satisfactory.
4. ' Notwithstanding the fact that the incident of highway dacoity took place but the subsequent proceedings are not free from doubt and consequently the applicants who are entitled to the benefit of doubt even at the bail stage are granted bail in the sum of Rs,50,000 (fifty thousand) each, in each case, and P.R. Bond in the like amount to the satisfaction of the trial Court.