2003 PLP 2451 (YLR)

Kamal, the petitioner has sought for post-arrest bail in case F.I.R. No.208 dated 14-7-2002 under sections 324/302/148/149, P.P.C. registered with Police Station Dajal, Tehsil Jampur, District Rajanpur.

2. The prosecution case as per F.I.R. is that on 14-7-2002 at about 8-30 a.m. he empty-handed alongwith Haji Rashid armed with Sota, Saeed with .12 bore gun, Sabir Hussain with pistol, Rafiq with hatchet, Abid with Sota, Muhammad Hanif with Sota, Wahid Bakhsh with Sota and 10/12 other unknown persons in prosecution of the common object of the unlawful assembly formed by them had committed Qatl-i-Amd of the deceased Mirza and attempted on the life of complainant Muhammad Ramzan and his brother Ghulam Qasim.

3. The motive behind the occurrence is exchange of hot words between Muhammad Hanif accused and one Abdul Majeed on one land and the complainant on the other a day prior to the occurrence that as to why he has not irrigated the cotton crop.

4. The bail has been sought on the ground that he has falsely been roped in; that he admittedly was empty-handed at the time of occurrence; that he has not played any role in the commission of crime; that he is 70 years old and so sick and infirm person within the meaning of the words in 1st proviso to section 497(1), Cr.P.C. that during the investigation by the local police verified by the D.S.P., he has been found innocent and so his case has become as one of further inquiry; that he is behind the bars; and that he is previous non-convict.

5. Conversely the learned State Counsel has opposed the petition on the ground that he is named in the F.I.R.; and that he had facilitated his co-accused in the commission of crime.

6. I have carefully considered the submissions of the learned counsel for the parties with the help of record.

7. The fact remains that he as per F.I.R. was empty-handed at the time of incident as narrated therein. Admittedly he did not play any role in the commission or crime alleged. His mere presence has been shown in the F.I.R.

8. Besides than this, according to the Case Diary 11-A recorded on 7-11-2001 by Riaz-ul-Hassan, S.H.O. of the said Police Station he was found innocent. He has mentioned that he had been requesting the parties not to quarrel.

9. Furthermore, according to Case Diary No.14 recorded on 13-7-2002 by the D.S.P./S.D.P.O., Circle Jampur, District Rajanpur the opinion of the local police in respect of his innocence was correct. So being empty-handed at the time of alleged incident and having played no role in the same and ultimately having been found innocent in the two investigations, his case has become one of further inquiry and so is covered under subsection (2) of section 497, Cr.P.C. He is stated to be an old man of 70 years of age. Thus he is also sick and infirm person within the meanings of the words as appear in the 1st proviso to section 497(1), Cr.P.C. He is behind the bars and also stated to be previous non-convict.

10. In these circumstances, I find him entitled to bail. The petition is, therefore accepted and he is admitted to bail provided he furnishes bail bond in the sum of Rs.1,00,000 (Rupees one lac) with one surety in the like amount to the satisfaction of the learned Sessions Judge, Rajanpur/trial Court. H.B.T./K-199/L Bail granted.