1995 P Cr (PLP)

Petitioner has applied for post-arrest bail in a case registered against him vide F.I.R. No.106/93, dated 25-7-1993 under sections 302, 452/34, P.P.C. at Police Station Budhla Sant District Multan.

2. Brief facts of the case arising out of F.I.R. are that Khalid Hussain petitioner and his co-accused Mumtaz and Muhammad Saleem extended threats to Manzoor Ahmad (deceased) that if the police arrested Muhammad Arshad for keeping unlicensed arm, they would kill him. Thereafter, the police arrested said Muhammad Arshad under Arms Ordinance on; 25-7-1993 at about 1-00 a.m. in the night. Noor Muhammad complainant on the barking of the dogs awoke up and saw Khalid Hussain armed with pistol .12 bore, Mumtaz armed with hatchet and Muhammad Saleem armed with revolver, were present in the courtyard of his house. Noor Muhammad complainant raised alarm, 'upon which Ghulam Muhammad, P.W. and Zafar reached there. Khalid Hussain while putting the pistol on the chest of Manzoor Ahmad fired which hit his right side of the chest and-he succumbed to the injury. Complainant and the witnesses tried to apprehend the accused persons but they made their good escape, ultimately the case was registered.

3. It is submitted by the learned counsel for the petitioner that the petitioner has been falsely implicated in this case, because neither any weapon of offence was recovered from his possession nor it was sent to the Forensic Science Laboratory for analysis and as such the case of the petitioner requires further enquiry; that the petitioner's date of birth is 17-4-1979, hence the provisions of sub-clause (2) of section 497, Cr.P.C. are fully attracted and the petitioner being minor deserves for the concession of bail; that the petitioner was declared innocent during the investigation; that the alleged motive attributed to the petitioner is absolutely baseless and concocted and requests for grant of bail to the petitioner,

4. Contentions are opposed by the learned State counsel.

5. I have heard the argument and gone through the file. Admittedly the petitioner has been declared innocent by all the Investigating Agencies. No weapon of offence was recovered during his physical remand. This case appears to be of a different version. Being minor, the petitioner also deserves for the concession of bail. Co-accused have already been granted bail. A Moreover, false involvement of the petitioner cannot be ruled. This makes the case doubtful and that of further inquiry. This being the position, the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.1;00,000 (Rupees one lac only) with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Multan.

6. The observations made in this order shall not affect the merits of the case. N.H.Q./K-177/L Bail allowed.