Ghulam Hassan alias Hasni, Ghulam Jilani and Mazhar Iqbal petitioners have moved this petition for bail in a case registered against them and eleven others under sections 148, 186, 224, 225, 307, 353 and 506/149, P.P.C.
2. The prosecution version is that on 14--7-1986 Rana Muhammad Fazil, DSP/SDPO, Esa Khel Cricle, received information that Ghulam Hassan alias Hasni (petitioner herein), a proclaimed offender in Case No.57 under section 216, P.P.C. Was present at Bus Stand Kamar Mashani. He organised a raiding party consisting of himself and other police officials and reached of Ghulam Hassan alias Hasni petitioner where he and his companions, including the other two petitioners, were present. All were armed with firearms. Ghulam Hassan alias Hasni and Ghulam Jilani petitioners were armed with pistols while Mazhar Iqbal had a rifle with him. One of their companions namely, Saif Ullah, was armed with a Kalushankov. The SDPO directed the police officials to arrest Ghulam Hassan alias Hasni, upon which Qutab Sher and. Abdul Majid constables overpowered him. The companions of Ghulam Hassan alias Hasni advanced threats of death to police officials and forcibly retrieved Ghulam Hassan alias Hasni. They also fired at the police party. The police party also fired in self- defence and tried to apprehend the culprits but they made good their escape.
3. Learned counsel for the petitioners contends that the case under section 216, P.P.C. Referred to in the F.I.R. Was absolutely false and in any case offence under section 216, P.P.C. Being bailable, there was no reason for Ghulam Hassan alias Hasni petitioner to abscond. He submits that the police had asked Ghulam Hassan alias Hasni petitioner to produce one Pira who was wanted in seven murder cases but he could not produce him, therefore, this false case has been registered against him. It is further submitted that no body was injured during the occurrence and major portion of the F.I.R. Has been found false as eleven co-accused have been found innocent during the investigation.
Learned State counsel has strenuously opposed the bail application. She concedes that eleven persons have been found innocent during the investigation but contends that the petitioners are involved in a large number of other cases .And, are. Dangerous and desparate criminals.
4. I have gone through the relevant material and given my careful consideration to the submissions made by the learned counsel for the parties. Perusal of the police file shows that Ghulam Hassan alias Hasni is a history-sheeter. He was involved in as many as twenty-two cases, including this case. He is the principal accused. The occurrence took place when his co-accused tried to get him released from police custody. No ground for the grant of bail is made out in his case.
Ghulam Jilani was previously involved in the year 1970, in a case under section 13 of the West Pakistan Arms Ordinance, 1965. Mazhar Iqbal petitioner was previously involved in two cases under Articles 3 and 4 of Prohibition Enforcement of Hadd) Order. No specific overt act has been attributed to them. In the circumstances, I admit them to bail in the sum of Rs. 20,000 each with one surety each in the like amount to the satisfaction of Assistant Commissioner, Esa Khel.