2012 PLP 1884 (YLR)

CH. MUHAMMAD TARIQ, J.

The petitioners seek their bail after arrest in case F.I.R. No.255 of 2010 dated 28-6-2010 registered under sections 320, 322, 337-G, P.P.C. at Police Station Kot Chhutta District Dera Ghazi Khan.

2. The allegations against the petitioners are that Tayyab and Muhammad Yousaf were proceeding back to their house on a motorcycle after getting diesel from the agency. The complainant and Saeed were following them on another motorcycle. They saw that the petitioners were present on their motorcycle at Noor Wala and chased them. As soon as they reached opposite to Shahzad Cotton Factory nearby to PSO Petrol Pump, Bashir Ahmad showed pistol to Tayyab. The petitioner tried to intercept them and the motorcycle became out of control by Tayyab. Resultantly Tayyab and Muhammad Yousaf were crushed over by back wheels of a troller. Muhammad Yousaf died at the spot whereas left leg of Tayyab upto knee joint was crushed over completely and left arm was also fractured.

3. Learned counsel for the petitioners contends that the petitioners are innocent and have been falsely implicated in this case by the complainant due to previous enmity. Before filing of complaint, a criminal case F.I.R. No.255 of 2010 dated 28-6-2010 was registered against the petitioners. The Investigating Officer after investigation declared all the petitioners innocent and had submitted challan before the learned trial court in Column No.2. There is no allegation that any of the petitioners fired upon the complainant, injured or deceased person nor there is allegation that the petitioners pushed them under the troller. It is a case of mere accident and the petitioners have been roped due to previous enmity, therefore, petitioners be granted bail after arrest.

4. Learned Deputy Prosecutor-General, Punjab instructed by learned counsel for the complainant has vehemently opposed this bail petition and has contended that the matter went up to Hon'ble Supreme Court of Pakistan but the petitioners were not granted bail. The petitioners have committed a heinous offence. It was a broad-day occurrence. The petitioners were nominated with specific role, therefore, petitioners are not entitled for the grant of bail, this petition be dismissed.

5. Arguments heard. Record perused.

6. Perusal of record highlights that being dissatisfied with the investigation of Investigating Officer the complainant filed a private complaint in which the learned trial court after recording summary evidence vide order dated 3-9-2010 summoned the petitioners and held that prima facie case under sections 302/34, P.P.C. is made out against the petitioners. The petitioners further challenged the summoning order before the High Court in Revision Petition No.368 of 2010 which was dismissed by this Court on 16-9-2010. The matter went up to the Hon'ble Supreme Court of Pakistan who vide order dated 1-12-2010 dismissed the Criminal Petition No.1159-L of 2010 and held that prima facie involvement of the petitioners in the offence cannot be ruled out at this stage. Thereafter the argument of learned counsel for the petitioners that the petitioners are entitled for the grant of bail because they were declared innocent by the police and were put in Column No.2 of the challan is misconceived as ipsi dixit of police is not binding on the Court. Perusal of record highlights that it was a broad-day occurrence. The petitioners are named in the F.I.R. with a specific role. Previous enmity between the parties is admitted by the petitioners. All the contentions raised by the learned counsel for the petitioners shall be considered at the time of trial. No case for grant of bail is made out. This bail petition is dismissed. N.H.Q./A-172/L Bail refused.