1989 PLP 4933 (MLD)

S. A. Saeed, Abdul Majid Khan and Abdus Samad Hashmi for Respondent No.1. Khawaja Shaukat Ali for the State. This is a petition by Nawab petitioner for the cancellation of bail of Muhammad Saeed respondent allowed to him by the Sessions Judge, Sheikhupura, on 7th March, 1974, in a case registered under section 302/34 of the Pakistan Penal Code against Muhammad Saeed respondent, Sardar, Nawaz and Muhammad Ashiq, on 24th February, 1974, at Police Station, Saddar Sheikhupura, for the murder of Shahbaz. Muhammad Ashiq accused is alleged to be armed with a carbine, while Muhammad Saeed respondent and the other two accused were armed with .12 bore guns. Each accused is alleged to have fired at Shahbaz deceased with his weapon as a result of which, he died at the spot. 2. Muhammad Saeed respondent was allowed bail by the learned Sessions Judge for the reasons that the respondent was said to be present at the railway station, Mahmumwali, at the time of the occurrence, which fact was supported by the Station Master and some other persons. On his plea of alibi the investigating officer considered him innocent. 3. It is contended on behalf of the petitioner that the place of occurrence is only two furlongs away from the railway station and to assess the evidence of alibi at this stage will prejudice the prosecution case at the inquiry. It is further contended that Sahibzada Khalid Khurshid, Inspector of Police, who last investigated the case, has found all the four accused guilty. Muhammad Salim, Sub‑Inspector, who is present with record, has stated that he will be submitting the case papers to the P.D.S.P. after the disposal of this petition. . 4. It is contended on behalf of the respondent that Abdul Hamid, Sub -Inspector, who investigated the case in the first instance found the respondent to be innocent, while Manzoor‑ul‑Hassan, Inspector of Police, who also investigated the case, came to the conclusion that Muhammad Saeed respondent, Sardar and Nawaz were innocent and only Muhammad Ashiq accused was responsible for the crime. It is next contended that the respondent had no motive to attack the deceased. In fact, it was Ashiq accused, who had a motive against him, because he had suspected that at the instance of Shahbaz deceased, one Nabha had abducted his sister Mst. Waziran. It is further contended that the post‑mortem report showed that only one gun shot hit the deceased, because the injuries to the deceased were only in the chest region, and if four persons had fired simultaneously the deceased would have also received a number of injuries on other parts of his body. At this stage, it is not possible to give a finding, whether these injuries were the result of one gun shot or more. There is no doubt that only one weapon has been recovered m this case so far i.e. the carbine of Ashiq, which is said to have matched with the crime empty found at the place of occurrence. However, there are three eye‑witnesses who have named the respondent and his companions as the assailants of the deceased. There are two other witnesses, namely, Siddique and Zubir shop‑keepers who were present near the place of occurrence. They claim to have seen the four accused running away from the spot after the occurrence. As to the question of alibi, the learned Sessions Judge has not considered the distance between the place of occurrence and the Railway Station, which is said to be two furlongs only. The occurrence took place at 8‑30 a.m. and the Station Master is alleged to have seen the respondent at the Railway Station at 9‑30 a.m. It is contended that there are other witnesses also, who saw the respondent at the Railway Station between 8‑30 and 9‑30 a.m. In my opinion, these details about the timings cannot be considered at this stage. The fact remains that the place of occurrence is only two furlongs from the Railway Station and a proper appreciation of this plea can only be done after the evidence in the case is recorded. 5. For the foregoing reasons, I accept this petition and cancel the bail of the respondent. H.B.T./N‑316/L Petition accepted.