2003 P Cr (PLP)

Saleem Shakoor for the State. Date of hearing: 18th September, 2002. This is an application for bail after arrest moved on behalf of Haji Abdul Ghafoor Khan, Farooq Hassan alias Pammu and Mehmood ul‑Hassan alias Momi, who are involved in a case under sections 302, 324 read with section 34, P.P.C., registered on 17‑8‑1999 at Police Station Lahori Gate, Multan.

2. The occurrence took place on 17‑8‑1999 at 7‑30 a.m. near the check post of cattle market at Pir Shah Shamsh Road.

3. According to the F.I.R., Shamshad Ali (complainant) accompanied by his son Ghulam Mohiuddin (deceased) and Bilal Akbar, commission agent, cattle market was on his way back to his house at 7‑30 a.m. from cattle market when they reached near the said Check Post, Abdul Ghafoor petitioner, his son Goggi and two others Pammu and Momi suddenly emerged. Goggi was carrying a .22 bore rifle, while Abdul Ghafoor and Pammu were armed with sticks, who started giving blows with sticks to Bilal Akbar, Goggi son of Abdul Ghafoor accused fired at Ghulam Mohiuddin, who fell on the ground and died. Abdul Sattar (P.W.) was attracted to the scene of occurrence. The motive for the offence, as per F.I.R., is that on the last Tuesday a Punchayat of commission agents was convened at the place of commission agent Murshad, where Abdul Ghafoor was reprimanded for overcharging and asked to mend his ways. This led to an altercation between Ghulam Mohiuddin and Abdul Ghafoor.

4. A perusal of the record shows that immediately after the registration of the case few persons appeared before the Investigating Officer when he visited the spot on the very first day and pleaded the innocence of the accused. According to them, Ghulam Mohiuddin had died as a result of the firing made by his companion Bilal Akbar, Muhammad Irfan son of Hamid Nawaz Khan Pathan was also examined immediately after the occurrence, deposed that he had been employed by the Municipal Contractor, Amir Nawaz to check the receipt of the collection of cattle fee at the check post, which had been established temporarily at Shah Shams Road. According to him, some of the commission agents of the cattle market had expressed their resentment over the establishment of the check post. Muhammad Irfan maintained that at the time of occurrence, he was sitting alone at the check post when Bilal Akbar Sheikh accompanied by Ghulam Mohiuddin (deceased) and an unknown person arrived there. Bilal Akbar was carrying a .30 bore pistol while the unknown person was armed with a .7 mm rifle. Bilal Akbar shouted at Muhammad Irfan upon which the unknown person opened fire with his rifle hitting Ghulam Farid and Faheem Khan (passerby). Ghulam Mohiuddin (deceased) ran after Muhammad Irfan at the behest of Bilal Akbar, who fired with his pistol hitting Ghulam Mohiuddin, Muhammad Irfan luckily escaped unhurt.

5. The case was investigated by the local police, which found that Bilal Akbar and in fact fired which unluckily hit Ghulam Mohiuddin. The Range Crime also formed the same view. Lastly the Crime Branch, Lahore investigated the case and found all the four accused guilty of the offence. Accordingly the challan has been submitted. The counter‑version of the occurrence was recorded under section 154, Cr.P.C., which has been treated as part of F.I.R. No.187 of 1999, Muhammad Irfan alias Dodha has also filed a private complaint on the basis of his statement recorded by the police under section 154, Cr.P.C.

6. Lengthy arguments have been addressed by the learned counsel for the parties.

7. I am of the view that it is a case of two versions in which different Police Officers have given different findings. The version of the accused was brought on the record on the very first day and was accepted by not only by the local police but also by the other Police Officers as well, therefore, it cannot be ignored altogether, Mehmood‑ul- Hassan alias Momi has not been ascribed any role while Abdul Ghafoor and Farooq Hassan alias Pammu have not caused any injury to Ghulam Mohiuddin. I, therefore, consider it a fit case for bail under section 497(2), Cr.P.C. The petitioners shall be released on bail provided they furnish bail Bond in the sum of Rs.1,00,000 (Rupees one lac) each with one surety in the like amount to the satisfaction of the trial Court. H.B.T./A‑928/L Bail granted.