1. ' Applicants/accused who are facing their trial before the Court of Special Judge for Suppression of Terrorist Activities, Dadu alongwith co-accused under sections 365-A/148, 149, P.P.C. Vide F.I.R.
2. Bearing No,31 of 1992 registered at Police Station, Khairpur Nathan Shah have filed this bail application inter alia on the grounds that the applicants are innocent and have been falsely booked in this case due to enmity with police and further that none of the witnesses so far examined by the trial Court have implicated them with commission of the offence of this case.
3. ' In order to know briefly the facts and circumstances in which the applicants were booked it is necessary to give briefly the facts of the case which are as under:-- ' On 12-4-1992 at 8-30 p.m. S.H.O. Khairpur Nathan Shah alongwith his subordinate staff was on patrolling when he received information that one Bus alongwith passengers was going from Khairpur Nathan Shah to Sita Road, when Bus reached at Bus Stop Dhani Bux Bughio it was stopped by 8-10 dacoits armed with deadly weapons and some of the passengers were forcibly taken away by dacoits on the points of gun. A.S.I. Muhammad Ameen Soomro, Incharge of Police Post Sita Road was also informed on wireless, who also reached at place of Vardat, where he found the Bus bearing No,986-687 was standing. The police was divided into parties for the purpose of Nalca Bandi on different places but all in vain, on enquiry the people informed that quite a number of persons were taken away by the dacoits after stopping the Bus but at a little distance they were let off by dacoits. However, Rehmatullah Babar, Muhammad Ayub, Muhammad Ibrahim, Noor Hussain, Amir Ali, Muhammad Qasim, Hussain Bux and Wazir Ali were also released on the way but Sharif Babar, Haroon Memon, Lateef Solangi, Haneef Chhutto, Babar Maganhar, Qurban Khoso, Sharif Khoso and Manzoor Leghari were taken away by dacoits. The footprints were tracked which led to Ramzan Khoso village and missed in between Nizamabad and Khamiso Moree after crossing the Dadu Canal, then the report was lodged on behalf of the State.
4. ' Learned Advocate Mr. Muhammad Hashim Candhio appearing on behalf of the applicant contended that the above-named accused are innocent and they have been booked by police due to enmity otherwise none of the witnesses examined so far by the prosecution have implicated them in commission of the offence of this case. Even the abductees have exonerated the applicants, therefore, it is a fit case in which applicants/accused are entitled for bail.
5. ' On the other hand the learned Advocate Mr. Issardas appearing on behalf of the State opposed grant of bail to the applicants on the ground that complainant of this case has not been examined and further that the seven witnesses who were examined in the Court and some of the deposition does not bear the signature of the Presiding Officer of the Court, therefore, these statements are not to be considered at this stage as the offence allegedly committed by the applicants/accused is a heinous one.
6. We have heard the arguments of both the learned Advocates for the parties and have also perused the entire record of the case. Admittedly the complainant of this case who is a Police Officer has not been examined so far, this witness is the star witness of the prosecution as such his examination is very necessary. As far as the deposition of the witnesses recorded by the trial Court is concerned they do not bear the signature of the Presiding Officer. The record shows that still number of witnesses are to be examined as it was a daylight incident, passengers of the Bus were kidnapped for ransom, some of them were let off by dacoits on the way and some of them were taken as hostage, therefore, it cannot be said that the applicants/accused have been exonerated by all the prosecution witnesses as evidence of some more witnesses is to be recorded. However, this kind of incident is being committed on the highways and the situation has become very alarming, if there is no check by the Court, there will be no end to it.
7. Looking to the facts and the circumstances of this case we are not inclined to release applicants/accused on bail at this stage. This bail application is accordingly rejected.