2008 PLP 465 (MLD)

SH. HAKIM ALI, J.

On 26-6-2004, Sikandar son of Fazal reported the occurrence for murder of Shah Nawaz, his son, having taken place at 9 a.m. on the above-noted date which was registered at Police Station Saddar Mian Channu through F.I.R. No.203 of 2004 under section 302/34, P.P.C.

2. Narrating the incident, Sikandar the informant has stated that at about 8-00 a.m. shah Nawaz accompanied by his brother-in-law, Ghulam Shabbir was proceeding to see their Peer Syed Dildar Hussain towards Chak No.123/15.L and when they had reached near the crop of "Jawar" the accused namely Abdul Khaliq armed with Rifle .7 MM. Abdul Ghaffar armed with pistol .30-bore. Mst. Kausar armed with Sotta and Naseem also holding Sotta intercepted the afore-said Shah Nawaz and Ghulam Shabbir, Abdul Khaliq voiced Lalkara and fired with his Rifle .7 'mm upon Ghulam Shabbir but fortunately Ghulam Shabbir remained safe. Second fire was hurled by Abdul Khaliq on Shah Nawaz which hit him at his belly. Abdul Ghaffar also fired through is pistol on Shah Nawaz twice which hit him on belly and left arm. Shah Nawaz fell down on 'the ground, Mst. Naseem and Kausar had also inflicted Sotta blows on Shah Nawaz and When Mst. Allah Jawai came forward to rescue her son she was also dealt with Sotta blows by Mst. Kausar and Naseem and received injuries on her hand and body. Shah Nawaz succumbed to the injuries. Motive behind the occurrence stated by the informant is that Abdul Khaliq and Abdul Ghaffar wanted to occupy the land of Ghulam Shabbir who had got it through Horse Breeding Scheme. There was an altercation between Mst. Kausar and Shah Nawaz before that occurrence also. Both the ladies were arrested in the above-noted case and applied for bail after arrest before the learned Additional Sessions Judge, Mian Channu but could not succeed, hence this bail petition.

3. Learned counsel for the petitioners submits that both the ladies were declared innocent by two police officials, one by Mukhtar Hussain, Sub-Inspector on 27-7-2004, and other by Naeem-ul-Hassan Babar, Deputy Superintendent of Police, Mian Channu and the informant had not challenged the result of both the above-noted investigations. It has also been stated by the learned counsel that no recovery has been effected from the petitioners. Mst. Naseem has a suckling daughter aged about 8/9 months while Mst. Kausar has got three children. Learned counsel has thus invoked the provision of section 497 of the Cr.P.C. for grant of bail to the ladies.

4. Opposing the bail, learned counsel for the informant has stated that the opinion of the police had got no sanctity in the eyes of law because ipse dixt of the police is not binding upon the Court. The petitioners are nominated the F.I.R. with specific role and occurrence being daylight incident, there was no chance for false implication of accused in this case. There was a common intention amongst the accused for murder of deceased/victim. So, the petitioners are not entitled to the concession of bail. Learned State counsel has also supported the arguments of learned counsel for the informant.

5. After considering the arguments of learned counsel and from examination of record, it has revealed that at present no incriminating evidence except the F.I.R. has been brought on record. It is true that ipse dixit of the police is not binding upon the Court yet Mst. Naseem has got admittedly a suckling baby of 8/9 months while Mst. Kausar has got three children and one of them is of tender age. No recovery having been effected from the possession of the petitioners, the case of the petitioners has therefore, become a case of further inquiry because the petitioners have been declared innocent in two investigations. Therefore, keeping in view the above facts and circumstances of the case, the petitioners are admitted to bail, subject to furnishing bail bond of Rs.50,000 each, with one surety each in the like amount to the satisfaction of learned Trial Court. The order passed in this writ petition is tentative in nature which would not prejudice the merits of the case of either party at the trial. H.B.T./K-49/K Bail granted.