2003 PLP 1549 (MLD)

Mahar Tahir Amjad for Petitioner. Sheikh Muhammad Rahim for the Complainant. Date of hearing: 14th May, 2003. Zahid Pervaiz seeks post-arrest bail in a case under section 302, read with section 34, P.P.C., registered with City Police, Burewala, on 16-12-2001.

2. The occurrence had taken place on the same day at 7-00 p.m. According to the prosecution case, Ehsan-ul-Haq (complainant) at about 'Zohar-Vela' was sitting in his 'Baithak' at Hasilpur. His brother Ali Akbar, Majid Saleem and Wazir Ali (P.Ws.) were also present there, when Zahid Pervaiz (petitioner) went there and told Ali Akbar that he had been summoned by Munir Ahmad Bhatti to Burewala to collect money from him. Zahid pervaiz further asked him to accompany as he himself had to go to Burewala, upon which the complainant, his brother Ali Akbar and other P.Ws. also decided to go to Burewala. Faheem (accused) was sitting with Munir Ahmad Bhatti, when complainant and his companion reached the house of Munir Ahmad Bhatti. At about 7-00 p.m. Munir Ahmad Bhatti asked Ali Akbar to accompany him to the house of a friend to collect money. The complainant and other P.Ws. also got up and accompanied the accused. Faheem, Munir Ahmad Bhatti and Ali Akbar (deceased) were moving ahead at some distance, when they reached near the Railway-Line. Munir Ahmad Bhatti and Ali Akbar (deceased) entered into altercation. Ali Akbar (deceased) claimed an amount of Rs.30,000, whereas Munir Ahmad Bhatti shouted that he owed Rs.10,000 to the deceased. In the meantime, Munir Ahmad Bhatti and Faheem took out pistols from the fold of their Shalwars and fired at Ali Akbar. The complainant tried to intervene but the accused resorted to firing in the air and decamped. The matter was reported to the police at 9-05 P.M.

3. All the accused became fugitive from law. The petitioner was, however, arrested on 3-4-2002. After the submission of the challan against the petitioner, the remaining accused were also arrested.

4. I have considered the arguments put forth by the learned counsel for the parties and have perused the record. The only part played by the petitioner is that he went to the house of the complainant and delivered the message of Munir Ahmad Bhatti to Ali Akbar (deceased). A perusal of the F.I.R. shows that Munir Ahmad Bhatti and Faheem (co-accused) took out pistols from the fold of their Shalwars, immediately, after the altercation, which took place between Munir Ahmad Bhatti and Ali Akbar (deceased). The petitioner was empty-handed. There is nothing on the record to show that he delivered the message of Munir Ahmad Bhatti to Ali Akbar as a result of conspiracy. The mere fact that the petitioner remained fugitive from law and was declared as a proclaimed offender, alone, is not sufficient to disentitle him to the concession of bail. I accept this application and enlarge the petitioner on bail subject to furnishing bail bond in the sum of Rupees one lac with one surety in the like amount to the satisfaction of the trial Court. H.B.T./Z-183/L Bail granted.