1. ' NAZIM HUSSAIN SIDDIQUI, J. Petitioner, Ghulam Raza Soomro, who is Sub-Inspector of Police, seeks leave to appeal against the order dated 25-2-2000 of learned Single Judge in Chamber of High Court of Sindh, whereby the petitioner's application for bail before arrest in F.I.R. No.255 of 1999, Police Station Saddar, registered under section 302/34/109, P.P.C. Was dismissed.
2. ' It is alleged that on 23-10-1998 one Fasih Ahmed alias Jugnoo son of Aftab was taken into custody by C.I.A. And he died while he was in custody of the raiding party consisting of Inspector Javed Anjum and others. Consequent upon his death, the Government of Sindh vide notification dated 26-10-1998, ordered to hold a Judicial inquiry through the District Magistrate, Central. Karachi to ascertain .The circumstances as well as the causes leading to death of said deceased. Judicial inquiry was conducted and the petitioner and others were found involved in said crime. As many as 27 injuries were found on the person of the deceased by Dr. Junejo of J.P.M.C.
3. ' The bail applications of the petitioner and co-accused Javed Anjum were disposed of by the High Court by impugned order with the following observations: "Moreover, I am amazed at the fact that even in the challan, filed in this case, the action has been described as 'carelessness and negligence' on the part of the two applicants. It must be put on record, emphatically, that no law authorises Police Officers to torture citizens in the course of investigation and the offence can be described as nothing but cold-blooded murder by those who claim to be custodians of law and order."
4. ' It is contended on behalf of the petitioner that though no overt act was attributed to the petitioner, yet, without any justification, his application for bail before arrest was dismissed by the High Court.
5. Learned counsel also argued that the observations of the Enquiry Officer relating to the petitioner, ipso facto, do not establish that he was also involved in commission of said crime. It appears that both the petitioner and co-accused Javed Anjum had tried to shift the responsibility on each other.
6. It is established that the deceased had expired because of the injuries, which he had sustained when he was in custody. Involvement in said crime of the petitioner and said co-accused is evident. There are reasonable grounds to believe that the petitioner is also guilty of the aforesaid crime. Under the circumstances, leave to appeal is refused and the petition is dismissed.