1980 PLP 920 (SCMR)

G. SAFDAR SHAH, J‑On 26‑2‑1979, at 10‑30 a. m., an occurrence took place at Mehar, District Dadu, in which one Qasim Ahmad lost his life. The F. I. R. of occurrence was lodged by the brother of Nasim Ahmad (namely, Naser Ahmad) at the Mehar Police Station in, which he accused the petitioner, as well as five other persons. It was alleged in the F. I. R. that the petitioner, who was armed with a revolver came in a car to a local hotel at Mehar, alongwith five co‑accused (each one of whom was armed with a lath!) and attacked the deceased, as a result of which he lost his life. Accused Shabbir is alleged to have fired at him with a revolver whereas the other accused belaboured him with lathis. Upon these allegations accused Shabbir, as well as the rest of the accused were arrested on the same day. Upon the interrogation of co -accused Arbab, however, the Investigating Officer recovered from him the alleged crime weapon, (revolver) 'whereas no such weapon was recovered from Shabbir Ahmad. Not only this but Shabbir Ahmad took up the plea of alibi before the Investigating Officer saying that at the time of the day of occurrence he was actually away at Dadu and in that behalf he produced a number of witnesses including P. Ws. Lilaram, Lashkar, as well as two Police Constables, namely, Muhammad Usman and Muhammad Idrees, who supported him. The fact that these P. Ws. had been cited in the F: I. R. by complainant Naseer Ahmad seems to have satisfied the Investigating Officer about the plea of alibi taken by Shabbir Ahmad, and consequently placed him in column No. 2 of the challan and released him on bail whereas the rest of the accused were challaned to the Court to stand their trial. It seems that complainant Naseer Ahmed was dissatisfied with the investigation of the case, therefore, he approached the Local Martial Law Authorities on whose order petitioner Shabbir Ahmad was arrested oft 30‑3‑1979 and produced before the Summary Military Court. From 30‑3‑1979 to 27‑5‑1979, Shabbir Ahmad remained in custody on the remand order passed by the Summary Military Court. But subsequently, i. e. on 27‑5‑1979, the Summary Military Court sent the case of Shabbir Ahmad for trial to the Court of Sessions Judge. In order to secure bail for himself, Shabbir Ahmad first filed an application before the learned Sessions Judge, but the same was dismissed. And thereafter a similar application made by him in the High Court was also dismissed, as the learned counsel appearing for him withdrew the said application because he succeeded to secure bail for the other five accused. In due course another application was made on behalf of Shabbir Ahmad before the Sessions Judge but the same was rejected thereafter he approached the High Court again but he did not succeed, and hence this petition. When this case initially came up in the Court‑at Rawalpindi, notice was issued to the State for 9‑2‑1980 at Karachi. In response to the said notice, Mr. Unman Ghani, the learned Advocate‑General, Sind, has appeared and after having heard Mr. Muhammad Ali Sheikh, the learned counsel for the petitioner, the learned Advocate‑General conceded that it is a fit case in, which bail ought to be granted to the petitioner. By going through the record of the case and more particularly the challan submitted in the trial Court, the concession made by the learned Advocate‑General seems to be eminently justified. In the final challan put in Court, P. Ws. Lila Ram, Lashkar, Muhammad Usman and Muhamma Idrees, whose names were mentioned in the F.I.R. as witnesses have supported the plea of alibi taken by the petitioner. In this view we convert this petition into appeal and allow the same with direction that the petitioner shall be released, can bail in the sum of Rs. 10,000 with two sureties in the like amount to the satisfaction of the Court of the Sessions Judge, Dadu. Bail allowed.