2000 PLP 1925 (MLD)

Hafiz Khalil Ahmad for the Complainant. Iftikhar son of Muhammad Ramzan seeks bail in a case registered vide F.I.R. No. 1/99 with Police Station Sillanwali, District Sargodha on 1‑1‑1999 under section 302/324 read with 148/149, P.P.C. for causing murder of Abdul Majeed and Mst. Razia Bibi and murderous assault or Shazia Begum and others.

2. Accusation contained in the First Information Report authored by Nazir Ahmad is that on the day of occurrence at 5‑45 p.m. Mehdi Hassan, his cousin had come to his house and when he went out in front of his Baithak in the Gali, all of a sudden, Ramzan son of Chiragh Ali armed with a Kulhari, his three sons Iftikhar, the present petitioner, Zulfiqar and Ishtiaq both armed with pistols accompanied by Sarfraz son of Sultan Ali armed with a gun .12 bore emerged, whereupon, Ishtiaq raised a Lalkara that Mehdi Hassan should not be spared. Ramzan gave a Kulhari blow which did not hit any one. Ishtiaque and Iftikhar fired with their pistols which hit Mehdi Hassan on his right knee. On his hue and cry Abdul Majeed and Mst. Razia, his daughter armed with Sotas alongwith Qadir and Shazia reached the spot. Abdul Majeed and Mst. Razia in their self‑defence gave blows to Ramzan, whereupon, his sons Iftikhar and Ishtiaq fired three shots each with their pistols which hit Abdul Majeed on his chest followed by fire from Zulfiqar which hit Abdul Majeed on his head. Ishtiaque fired which hit Mst. Razia Bibi on the temporal region of her head followed by fire of Sarfraz which hit Qadir son of Iqbal on the right leg. Iftikhar again fired which hit Shazia on her back. The accused kept on firing and ultimately decamped. Abdul Majeed and Razia succumbed to injuries at the spot whereas, Mehdi Hassan, Qadir and Shazia were taken to hospital for treatment.

3. Motive for the occurrence is stated to be a fight at the time of Juma prayers between Mehdi Hassan and Ishtiaque resulting in abuses from either side.

4. Post-arrest bail was declined by the Sessions Judge, Sargodha on 3rd of March, 2000.

5. Learned counsel for the petitioner vehemently emphasized that the present petitioner is author of a cross‑version recorded with the Investigating Officer about the violence used on the body of his father namely Ramzan during quarrel which resulted in his death and further drew my attention to the medico‑legal report of the petitioner examined on 1‑1‑1999 showing seven injures on various parts of his body including head and chest. Two of these injuries were found to be grievous in nature as bones of right elbow and knee were displaced. These documents were shown to the police official who admitted them to be correct. Elaborating his arguments, learned counsel contended that without conceding if the petitioner fired any shot with his gun, it was in the exercise of right of self‑defence of his deceased father Ramzan who was being belaboured, admittedly by Abdul Majeed and Mst. Razia Bibi and further injuries allegedly caused by him to Mst. Shazia was to protect himself as he already had seven injuries, two of them being grievous in nature. He further contended that post‑mortem report of the deceased shows one entry wound and one exit wound, clearly belying the version of the prosecution, in the F.I.R. meaning thereby that actually the same was not in accord with the post‑mortem report. Lastly it was contended, by showing me the site plan, that Ramzan deceased, his father lived immediately adjacent to the house of the first informer, therefore, street where the occurrence took place was a common street leading to their respective houses and by no stretch of imagination it could be said that the petitioner or his brothers were the aggressors. Conversely teamed counsel appearing for the complainant opposed the grant of bail supported by counsel for the State.

6. Submissions made by the Teamed counsel for the petitioner had considerable fore and I was declined to allow bail to the petitioner but at the fag end of the arguments, learned counsel for the complainant produced before me a copy of F.I.R. bearing No.238 registered on 13‑8‑1999 with Police Station Sillanwali, District Sargohda authored by one M. Arshad, A.S.‑I. of Police Lines, Sargodha wherein it was stated that on the fateful day when the prisoners including the petitioner's side and the complainant's side were being brought to the Court in the official van and having reached the premises of the Court when the undertrial prisoners alighted from the bus, petitioner while in handcuffs gave a blow on the head of Mehdi Hassan accompanied by fists and kicks given by Ishtiaque, Zulfiqar and Sarfraz and due to timely intrervention of the Police, Mehdi Hassan was saved from the further thrashing.. Report has been lodged by a police official, therefore, its apparent authenticity cannot be questioned. The age‑old safeguard made imperative by law in allowing bail to a person accused of a non‑bailable offence amongst other considerations are: (a) That the accused, in case he is allowed bail, would not abscond; (b) Tamper with the evidence; (c) Is no more required for the police investigation; and (d) There is mo likelihood of repeating the offence. "~Petitioner seems to be a dare devil with an extreme belligerent frame of mind who in police custody threw caution to four winds and by using the handcuffs with which his hands were chained, hitting it on the head of his adversary, Mehdi Hassan and resultantly caused him injuries. Such a desperado cannot be allowed concession of bail as there is every likelihood that he would repeat the offence with magnitude and enormity exceeding all proportions, if set free. Concomitantly, he has destroyed his own case for grant of bail, as a result of his wild aggression while in police custody. Application for post‑arrest bail is, therefore, declined. N.H.Q./I‑23/L Bail refused.