1. SALEEM AKHTAR, J.---These to petitions will be disposed of by this order as they arise from the same incident.
2. The petitioner seeks leave to appeal against the orders of the High Court of Sind whereby his Bail Applications were dismissed in both the cases. According to the F.I.R., registered on 29-2-1996 at 19-45 hours, it was alleged that the S.H.O., Police Station New Karachi while patrolling in the area with his subordinate staff, when he reached Kala School, Sector 5/D, New Karachi, one Captain Arif of 43 Wing Shahbaz Rangers also reached there with his subordinate staff. In the meantime spy information was received that 8/9 armed persons were sitting in Eidgah Ground, Sector 5/D, with intention to commit heinous crime. The S.H.O., on receiving the information alongwith Captain Arif, Inspector Attaullah of 43 Wing Rangers and other staff members reached the place at 18-45 hours when some terrorists started firing upon Rangers and police party with intention to kill them.
3. Thereafter, police and rangers also fired upon the accused in self-defence and police and rangers surrounded the accused persons and arrested them who disclosed their names as Ashraf Ali son of Hashmat Ali from whose possession one klashnikov with loaded magazine 18 rounds, one grenade, one mehroon colour wallet containing Rs.2,650, three railway reservation tickets from Karachi to Faisalabad were recovered, Nusrat Ali son of Hashmat Ali present petitioner (from whose possession one klashnikov was recovered) and Naushad Ali son of Hashmat Ali from whose possession one klashnikov with loaded magazine and a grenade were recovered. 73 rounds lying in a cloth bag were also recovered by the police which according to Ashraf Ali accused belonged to Qamar Ahmad. Ashraf Ali also mentioned that Farasat Ali, Muzaffar Iqbal and Aslam ran away from there.
4. Learned counsel for the petitioner has pointed out that in the morning of 29th February, 1996, the mother of the petitioner had filed a Constitution petition in the High Court alleging that all the three sons, including the petitioner, were arrested on 28th February, 1996 at 1-00 p.m. From A-8 Rehman Villas, University Road, Karachi, who had been tortured and she was not allowed to provide food and clothes from the home. Notice was issued and the respondent laid information in Court that they have been booked under a substantive offence under F.I.R., registered on 29-2-1996. Learned counsel for the petitioner pointed out that as the petitioner is an Advocate, the President of the Karachi Bar Association and the Honourary Secretary-General inquired from the Rangers Headquarters, Korangi about the petitioner who informed that he is in their custody. This information was received at 11-00 a.m. On 29-2-1996. An affidavit to this effect had been filed by Muhammad Iqbal Road, Honourary Secretary-General of Karachi Bar Association.
5. Learned counsel further pointed out that this is a case of ineffective firing foisted upon falsely by the Police. On merits it was contended that although allegedly there had been firing from both sides, no empties were recovered and no independent witness has been associated with the recoveries.
6. Learned Additional Advocate-General contended that petitioner's name has been mentioned in the F.I.R., and recoveries were made in the presence of Mashirs and, therefore, he is not entitled to bail.
7. From these facts and contentions it prima facie seems that the petitioner had been detained before he is alleged to have been arrested when the recoveries were made. Furthermore, the recoveries, though made in an open place, which according to the learned counsel for the petitioner is surrounded by houses and buildings and is a busy place, no independent witness was associated, nor any record has been produced to show that the respectable residents of the locality were not willing to associate and the efforts made by the Police did not succeed to this effect.
8. Considering all these facts, we grant leave to appeal in both the petitions and in the meantime, till the disposal of appeals, the petitioner is granted bail in each case in the sum of Rs.1,00,000 with one surety each in the like amount, to the satisfaction of trial Court.