' AFTAB AHMED GORAR, J.--- Applicant Sharoz son of Muhammad Ishaq seeks post-arrest bail in Crime No,395 of 2012, registered under sections 353, 324, 468, 472 and 34, P.P.C. The applicant/ accused was earlier declined bail by the learned VI-Additional Sessions Judge, Karachi-East vide order dated 19-1-2013, appealed hereinabove.
2. Briefly, the facts giving rise to the prosecution story as are envisaged in the F.I.R. Are as follows:-- "HC Rahat Hussain along with subordinate staff was patrolling for prevent of crime in the area, received spy information that three persons, who are involved in many criminal cases with their one colleague, who received bullet injury in his leg two days before, in a black car, maker Corolla, upon which fake number plate written as AYAZ, and also installed Police Monogram, On the right doors, there were bullet holes covered by white glue, are going from Mehran Town towards Shahrah-e-Faisal to any hospital. He upon such spy information at 6-45 hours on seeing the above noted car, in which four persons were boarded, he saw and signalled to stop at Chowrangi 2-1/4 Shah Faisal, Azeem Pura Road, upon which they increased speed of the car and also started firing upon the police party with intention to kill them. The police party for the purpose of self defence, in retaliation police also fired from their Government weapons and chased the above car. The car was stopped at Masjid-e-Qaba, Azeem Pura Road, from which three persons after firing escaped in the street, while the person sitting on the back seast, whose name later on known as Shahroz son of Muhammad Ishaq, who was holding pistol in his hand .30 bore without number, one round loaded in the chamber, one round magazine load were recovered. The license of which asked but he could not produce at the spot. On asking the above accused, who disclosed the names of escaped colleagues as Ali son of Hassan, Touseef and Nasir. The left leg of the accused having mark of bullet injury, which was rapped with white bandage. The recovered arm was sealed at the spot and taken into police custody. While from the car, one mobile phone L.G.Black colour, cash of Rs,400 were taken into police custody. The act of accused comes within the purview of sections 353, 324, 468, 472 and 34, P.P. C. And the arrested accused Sharoz son of Muhammad Ishaq, was accordingly arrested. On returning at Police Station, the above case against the accused persons was registered."
3. I have heard learned counsel for the applicant and learned A.P.-G. For the State. "
4. Learned counsel for the applicant has contended that applicant is innocent and has been falsely implicated by the police. He further argued that according to the contents of F.I.R., sections 468/472, P.P.C. Are not made out against the applicant. It is further contended that investigating officer of the case does not confirm the registration of the vehicle from ACLC; whereas police was informed by the spy that alleged vehicle has been used with forged number. It is further contended that recovered car was belongs to one Muhammad Shahrukh Abbassi but neither he was implicated in the case nor any report regarding snatching of the vehicle is available on record; actually the applicant was injured prior two days of the incident and his companions were taking him to the hospital for medical treatment. It is further contended that nothing was recovered from the applicant but pistol was foisted upon him. Learned counsel lastly prayed for the grant of bail.
5. Learned A.P.-G. Opposed the grant of bail on the ground that applicant was apprehended at the spot during encounter. Even pistol was recovered from the possession of applicant.
6. Having gathered the submissions advanced and perused the material available on record. It is an admitted fact that during exchange of firing none else has received injuries from either side or even no any bullet was hit to the police van or the car possessed by the assailants. During course of encounter, a mob of people gathered there but Police has failed to associate any independent witnesses of the vicinity to act as mushir; the above measurement would compel towards violation of mandatory provisions of section 103, Cr.P.C. It is also transparent from the contents of F.I.R. That applicant was arrested from the car and his three companions made their escape good; police has also recovered one pistol along with bullet; section 468, P.P.C. Is a non cognizable offence. Even than Investigating Officer has failed to confirm from the Excise Department or ACLC whether accused person used forged number plate over the car; even otherwise no F.I.R. Is registered against the robbery or snatching of the car or theft of the above said Car; as such no empty was recovered from the place of wardhat.
7. In the above circumstances, the applicant has made out a case of further enquiry under section 497(2), Cr.P.C. The applicant/accused Shahroz son of Muhammad Ishaque is admitted to post arrest bail, subject to his furnishing of solvent surety in the sum of Rs,50,000 (Rupees Fifty Thousand Only) and P.R. Bond in the like amount to the satisfaction of trial Court. These are the reasons of the short order dated 3-5-2013.
8. The observations made herein are tentative in nature and will not prejudice the merits of the case.