1. ' SHAH NAWAZ A. AWAN, J.--- This order will dispose of all the above three bail applications together as all the applicants/accused above-named are booked in one and the same F.I.R. Bearing No,54/95 registered at Police Station Jhudo, District Mirpur Khas under section 302, P.P.C. As amended, read with section 4 of the Prohibition (Enforcement of Hadd) Order, 1979 and sections 200, 201, 477, 466, 217, 218, 147, 148 and 149, P.P.C.
2. ' Briefly the facts of the prosecution, as narrated by the complainant Abid Muhammad in the above F.I.R. Are that he obtained Muqta of the agricultural land situated in Deh No,340, Taluka Digri, measuring 90-0 acres from Mst. Fatima Shah, Khalid Mehmood and so also he is holding power of attorney of the said land, Hashim Chandio and Haji Khan Chandio were trying to forcibly occupy over the said land on the basis of forged documents manipulated by them and there was a dispute between the complainant and the accused party over the said land. The complainant party filed a case against Hashim and others in respect of Deh No,345 as they tried to forcibly occupy over the said agricultural land and consequently they took away the animals and chilies of the complainant party and consequently Muhammad Hassan, relative of Muhammad Hashim also filed a false case against the complainant party and on the political influence they got transferred the investigation from Subedar Muhammad Khan Rind, S.H.O. Nagarparkar due to the reason that the said S.H.O. Has got connections with them. The complainant party was present at Deh No,340 on 710-1995 at 05-45 hours when the S.H.O. Muhammad Khan Rind in Government Vehicle No,77764909 along with the subordinate staff got down near their Otaq and another private vehicle had also reached behind the Government vehicle in which Muhammad Juman, Muhammad Hassan, Gul Hassan, Muhammad Yousuf, Warand Khan, Hashim Khan and others Chandias were standing armed with Lathis, guns and Kalashnikovs. The S.H.O. Muhammad Khan Rind asked the Chandias that they should not spare the complainant party and occupy the land. Hearing these words the accused party started firing upon the complainant party and so also the subordinate to staff of the police started firing upon the accused party. The complainant party tried to escape themselves and tried to run away but in the meanwhile Azhar lqbal, a member of the complainant party, sustained gunshot injury from the rifle of Muhammad Hassan and he was seriously injured and he died on the spot, the accused persons also seriously injured Muhammad Iqbal, Javed Iqbal and Mehar. Muhammad lqbal sustained serious injuries due to gunshot of Muhammad Hassan and then the accused party forcibly occupied the land. The police personnel leaving there S.H.O.
3. Muhammad Khan Rind took the dead body of Azhar lqbal and injured Javed lqbal and Mehar. The accused persons also took away one tractor trolley, three buffaloes and two calves, chillies and cotton from the Otaq. According to the complainant that they do not know the whereabouts of Mazhar iqbal, Shafique, Basheer, Khalid, as they had been kidnapped by the police.
4. ' It has also stated that prior to the above incident which occurred on 7-10-1995 at 09-30 hours another incident was also occurred in which F.I.R. No,53/1995 was also lodged in respect of the incident at Nagarparkar Police Station by MuhaMmad Khan Rind in which the police has alleged that Abid Muhammad has attacked upon the police party and started firing on them and then police also started firing in their defence. However, in both the F.I.Rs, the names of some of the applicants/accused are mentioned but subsequently the Police of Nagarparkar recorded 164, Cr.P.C. Statements of P.W. Mazhar lqbal son of Muhammad Aslam before the Mukthiarkar and F.C.M., Digri in which he alleged that on 7-10-1995 at 5-00 p.m. He went to the agricultural lands of his brother at Deh No,340 on his motor-cycle when he found Hussain Kipri, Ayoob Qaimkhani and Akbar Qaimkhani who were armed with klashnikov and guns and assaulted him and after beating him they put him in a jeep which was owned by Juman Chandio on which he became unconscious and after he regained conscious he found himself at Police Station Naukot near Pakka Qila.
5. Thereafter, S.H.O. Muhammad Khan Rind reached at the police post and started beating him and brought him at the Police Station Jhudo in his vehicle.
6. We have heard the arguments of the learned counsel for the parties and have perused the entire record of this case. The learned counsel for the applicants/accused has contended that all the applicants/accused have been falsely implicated in this case due to enmity with the complainant over a dispute on agricultural land as such they are at dagger's drawn and their false implication in this crime cannot be ruled out. They further stated that names of applicants/accused Muhammad Ayoob, Akbar, Jaro Khan, Ali Khan and Unhook do not transpire in the F.I.R. And two of the accused persons namely Muhammad Yousuf and Warand have been let off by the police as such the case of the remaining applicants/accused falls under the definition of further enquiry as such they are entitled to concession of bail. The learned counsel further stated that on 9-11-1995 S.H.O. Muhammad Khan Rind of Police Station Jhudo filed F.I.R. Wherein deceased have been shown to be murdered in an encounter with police which F.I.R. Bears No,61/1995 registered at Police Station Jhudo. On the other hand, Mr. A. Latif Ansari, learned A.A.-G. Has opposed the grant of bail to all the applicants/accused on the ground that all the applicants/accused have been shown specific role in commission of offence of this case and further their names do appear in the F.I.R. And some of the applicants have been implicated by the eye-witnesses in their statements recorded under section 161, Cr.P.C. As well as in their statements recorded under section 164, Cr.P.C. And further that the incident of this case has taken away the lives of two persons as such it is a heinous offence and from the possession 'of the accused deadly weapons like Kalashnikov, guns and rifles were recovered.
7. ' We have given our anxious thought and have perused the entire police record of this case. It appears that F.I.R. Of these cases were lodged promptly without loss of any time and names of some of the accused were mentioned in the F.I.Rs, and some of the applicants/accused were implicated by eye-witnesses in their statement recorded under section 164, Cr.P.C. It is a fact that the case of the applicants/accused is pending before the Special Judge (Suppression of Terrorist Activities) there is a presumption under section 8 of Suppressions of Terrorist Activities Act, 1975 that the accused shall be presumed to have committed the offence until proved otherwise by him.
8. Section 5(a) of Suppression of Terrorist Activities Act, 1975 says that the accused shall not be released on bail by the Special Court or by any other Court if there appears reasonable grounds that he has been found guilty of a scheduled offence and it is being statutory limitation of Special Law. It has also alleged that the above-named applicants came prepared at Wardat armed with deadly weapons and in pursuance of their common intention they fired at the complainant party with the result that the two persons Ashar Iqbal and Javed Iqbal son of Aslam were killed and the number of persons received grievous injuries. Moreover, challans against all the applicants/accused have been filed before the Court of Special Judge (Suppression of Terrorist Activities), Hyderabad and some of the applicants/accused have been shown as absconders therefore, we do not see this proper stage for grant of bail to the applicants as such their bail applications are dismissed.