1. ' MAQBOOL BAQAR, J.---The applicants are facing trial in sessions case No,1159 of 2004 before Additional Sessions Judge, Kamber for commission of offence under sections 324, 353, 34, P.P.C.
2. Registered with Police Station Ghaibi Dero through F.I.R. No,13 of 2004 on 13-4-2004 at 1200 hours.
3. ' The prosecution case in brief is that A.S.-I. Mashooque Ali Brohi received a wireless message at the Police Station that three bandits have robbed a motorcycle of Star brand red coloured from one Amjad Abro within the jurisdiction of the Police Station and have escaped, therefore, Nakabandi was effected in the jurisdiction. The complainant along with his subordinate staff left the police station at 1930 hours and proceeded to FP Bund and reached the Bund at about 1030 hours and saw three persons coming on two motorcycles from the southern side of the Bund and thus stopped their vehicle and asked the motorcycle riders to stop but they took shelters behind the western side of FP Bund and started firing at the police party. The police party retaliated in defence.
4. The encounter lasted for about half and hour whereafter the police party found all the three accused lying on the ground with their weapons. Upon enquiry one of them disclosed his name as Qurban. A K.K. Along with a magazine was lying on the right side of Qurban and a Khakhi cloth bag was lying on his shoulder which was containing an empty magazine. The magazine fitted to K.K.
5. Was unloaded and was found to be empty. The magazine had a bullet hole. The other injured disclosed himself as Rabnawaz. A TT pistol of .30 bore along with a magazine was lying near Rabnawaz. The magazine on being unloaded was found empty. The third person disclosed his name as Jaloo. On his side was lying a TT Pistol of .30 bore along with a magazine. The magazine upon being unloaded was found empty. The red coloured Star Motorcycle which was robbed from the jurisdiction of Police Station Warah and another motorcycle which was robbed from the jurisdiction of Police Station Kamber and on which the motorcycle, the captives were ridding were also parked nearby. Upon query, all the culprits disclosed that their weapons were unlicensed. The red colour Star Motorcycle had received a bullet dent on its right shock observer.
6. ' Learned counsel for the applicant submitted that the police party has staged a false encounter.
7. He pointed out that admittedly only the applicnts and the co-accused who has since died suffered bullet injuries. Neither any of the police personnel nor their vehicle or any other property belonging to them sustained any bullet injury/mark. Learned counsel further submitted that the applicants were arrested on 14-10-2004 and charge against them was framed on 7-2-2004 however, recording of evidence has not yet commenced in the case. He also referred to F.I.R. No,72 of 2004 lodged by Amjad Ali from whom the applicants have allegedly robbed the red coloured Star Motorcycle, wherein although Amjad Ali has alleged that the applicants and the deceased accused, namely Jaloo, have robbed his motorcycle but has categorically stated that Jaloo and the applicant No,1 were empty-handed at the time of incident. Learned counsel submitted that it was soon after the alleged robbery that the police party effected Nakabandi and reached the place of the encounter and it is strange that the two accused who were admittedly empty-handed at the time of committing robbery acquired the weapons allegedly involved in the encounter.
8. ' Learned State counsel opposed the grant of bail to the applicants. He has however, candidly admitted that the arms and ammunition involved in the encounter have not been sent to Ballistic Expert as yet.
9. ' Heard the learned counsel and perused the record of the case with their assistance.
10. It is strange that in an encounter involving three culprits and a police party consisting of about eight police personnel and specially when such firing was initiated by the culprits none from the police party received any injury nor their vehicle was hit by a single bullet whereas only the applicants and their deceased accomplice received injuries and it was only their motorcycle and gun that was hit by bullets. Although arms and ammunition have been recovered in the incident however, the same have not been sent to a Ballistic Expert so as to show, whether the weapons allegedly recovered from the applicant and the deceased co-accused were functional and whether the bullets secured from the scene were fired from such weapon. The applicant is in custody since 14-10-2004 and the recording of evidence has not yet commenced. In the circumstances I am inclined to grant bail to the applicants. The applicants are admitted to bail subject to their furnishing surety each in the sum of Rs,200,000 and executing P.R. Bond in the like amount to the satisfaction of trial Court.