1. ' KHADIM HUSSAIN M. SHAIKH, J.---The applicant through this application seeks post arrest bail in Crime No,3 of 2009 for offences under sections 324, 353, 34, P.P.C. Registered at Police Station Mahotta.
2. ' Prosecution case as set out in the F.I.R. In nutshell is that on 19-2-2009 SIP Muhammad Ameen Khoso S.H.O. Police Station Market along with is subordinate staff namely A.S.-I. Abdul Mugheri, LNC Rab Nawaz P.C. Muhammad Mithal, P.C. Arbab Ali, P.C. Ali Gul and H.C. Bashir Ahmed Isran and another police party comprising A.S.-I. Asghar Ali Kango A.S.-I. Muhammad Waris Bhutto, LNC Abdul Rasheed Bhutto, P.C. Sudheer Ahmed as well as Special Team of SP Investigation comprising H.C.
3. Khuda Bux, P.C. Altaf Hussain P.C. Shabir Ahmed, on the directions of the S.P. Investigation Larkana, carrying arms and ammunition and boarding in the Police Mobiles went along Naudero road. At about 1500 hours, when they reached near agricultural lands on Naudero Bypass road leading towards Akil side, they saw two persons coming towards them, out of whom one was having K.K. In his hand and other took out pistol from fold of his shalwar and they seeing the police made fires from their weapons straight at them. The police retaliated and the encounter continued for about 20 minutes, thereafter the police apprehended both the accused. Out of whom one disclosed his name as Abdul Razzak alias Razoo son of Ali Hassan Supro Resident of Daro Illahi Bux, Taluka Ratodero and the police recovered one K.K. Loaded with 4 live bullets of 7.62 bore from his possession and other accused disclosed his name to be Akbar son of Ghulam Serwar Kourejo from whom the pistol loaded with four live bullets of .30 bore, were secured. Then the accused along with recovered weapons etc. Were brought at Police Station Mahotta, where the above F.I.R. Was lodged by the complainant SIP Muhammad Ameen Khoso.
4. ' The Complainant states that he fired 80 rounds and whereas the remaining staff will account for the rounds fired by them in their respective statements.
5. ' After investigation the accused were sent up with the challan to face their trial. Bail application for both the accused moved before the Court of learned 1st Additional Sessions Judge, Larkana was dismissed vide order, dated 31-3-2009. Hence the applicant Akbar has filed this application.
6. ' Learned Advocate for the applicant has mainly contended that that no body had sustained any injury in the alleged encounter, although 730 rounds were allegedly fired by the police parties and no empty of pistol of .30 bore was secured from the place of incident, that the applicant has been falsely involved in this case due to political enmity and as such case of the applicant requires further inquiry into his guilt. The learned Advocate for the applicant states at Bar that bail application for co-accused Abdul Razzak alias Razoo has not been filed after his prayer was declined by the learned trial Court., He placed his reliance upon the cases of Illahi Bux v. The State (2001 PCr.LJ 1731). Abdul Jabbar alias Arbelo alias Mooso and another v. The State (2006 PCr.LJ 1033), and Khawand Dino alias Dadoo v. The State (20Q3 YLR 918).
7. ' Learned State counsel opposes the grant of bail to the applicant.
8. I have given my anxious consideration to the arguments addressed by the counsel for the parties and have gone through the police papers with the assistance of the learned State Counsel, I find that no body from the either side has sustained any injury though alleged encounter, per prosecution, lasted for 20 minutes, more than 700 rounds were allegedly fired by the police parties, but only 10 empties of 7.62 bore and 5 empties of G-3 were shown to have been secured from the place of wardat, the applicant was allegedly armed with .30 bore pistol, but no empty of .30 bore pistol was found from the place of incident. In case of Khawand Dino alias Dadoo v. The State (Supra) this Court granted bail to the accused in the similar circumstances as that of the case of the applicant.
9. ' In view of what has been discussed above, I am of the opinion that the case of the applicant requires further inquiry into his guilt and his case is covered by section 497(2), Cr.P.C. Which entitles him to the concession of bail, therefore, bail is granted to the applicant Akber Kourejo in the sum of Rs,200,000 (Rupees two lacs only) subject to his furnishing solvent surety and P.R. Bond in the like amount to the satisfaction of the learned trial Court. Bail application stands allowed.