1. ORDER ZAHID KURBAN ALVl, J. -- This bail application has been filed in connection with Crime No. 103/2000 registered in Police Station Buxapur, District Jacobabad. The bail application was moved before the Additional Sessions Judge, Kashmore who rejected the same vide order dated 17.3.2001.
2. It seems that the police party had gone for patrolling and in the middle of the night firing started on their vehicle. In the light of the vehicle the police saw eight persons with open faces having klashinkoves in the hands. In defence thereof the police also started firing. The cross firing continued for about 15 minutes. It seems that certain persons were going in the convoy of vehicles and had received injuries and were taken to Kandhkot. At Kandhkot we found two persons were injured. Both were supposed to be, sitting in different vehicles and were going to Karachi. Thereafter and F.I.R. Was registered by the police. It seems that after investigation applicant was arrested. The bail application was dismissed by the Trial Court on the ground that this was the grave offence against society and after great difficulty the identification was done. I would like to briefly observe- here that the incident has occurred almost at mil night. The incident occurred at Bhoohani Phatak when the police parked the Mobiles and the bandit started firing. The only light available there was the vehicles light. Cross firing in defence started. Due to this incident some vehicles in the convoy moved ahead and some waited. The police admit that it was pitch dark and therefore the accused persons managed to run away. They came to Rano from where they found out that two persons sitting in convoy vehicles has received injuries and were taken by bus to Kandhkot Hospital. These two gentlemen were passengers on separate vehicles which were going to Karachi. The identification of the so-called accused took place on .16.1.2001 when the incident has occurred pm 18.12.2000. All the persons who identified the accused were the police. It seems difficult to accept that an incident occurs in the middle of the night, in the middle of no where and the only light available is the headlights of the vehicle and when firing starts from- the accused side the police returns the fire and yet are able to identify these persons one month later. The human instinct for survival supersedes all 'acts of bravado if the F.I.R. Is to be believed then it is difficult to accept that the police would try to identify the accused and yet save themselves and also return-the fire. The lights of the vehicle would be only directed towards the place facing the vehicles front side even if initially the dacoits were spotlighted it would not be difficult for the to step aside into pitch darkness. In the fleeting moment even if the faces were not covered it is difficult to believe that they could be identified a month later. Whilst I would intend to agree with the Additional Sessions "Judge that highway robbery is common and it is to be strictly dealt with yet he should not forget that we are courts of law and we have to strictly follow the law as it stand. If the law alongwith common sense and reasoning fails to accept the plea of the police or the complainant on a prima facie appreciation of the evidence then relief should be granted. The above are the reasons behind which the bail was granted by a short order dated 11.4.2001.