1999 PLP 130 (MLD)

F.I.R.' No.456 was lodged on 6-9-1997 in Police Station, Kohat City, by Muhammad Ayub, S.H.O. against petitioner Muhammad Naeem Khan alias Naeemai son of Rais Khan and others for having committed an offence punishable under section 302/324/353/148/457, P-P.C. read with section 5 of Explosive Substance ActJ13-A, Arms Ordinance

2. Briefly stated accused Abdul Muneem son of Abdul Qayum resident of Domail, Police Station and Zaila Muzafar Abad, Kashmir, was arrested by the C.I.D. Police in a case registered vide F. I. R. No.116 under section 394, P.P.C. read with section 17 of Harrabah lodged in Police Station, Kohisar, Islamabad on 20-6-1997.

3. The said accused, namely, Abdul Muneem was brought by the. C.I.D. Police to Peshawar so as to identify the other accused, who had taken part in the commission. of the said crime.

4. Accordingly, a Police Party .headed .by Inspector, Abdal Ismail, Inspector GuIzar Ali, Inspector Ejaz Khan, Sub-Inspector Syed Muhammad and a few other 'Police Constables, including Lal Farid A.S.I., and some Foot constables from police station, Jangle Khel, Kohat, namely, Nasiruddin (No.254), Mushtaq Ahmad (No.1063) and Amjad Ali (No.141) etc., under the command of D.S.P., Gul Afzal -Khan, proceeded to Gari Atta Khan, at the pointation of accused Abdul Mtineem. The house of Qadoos Khan son of Sultan Khan resident of Gri Atta Khan was-pm pointed to the Police Party by accused Abdul Muneem. He also informed the Police Party, that the rest of the accused, who had taken part in-the commission of the crime, were also present inside the house.

5. On the basis of this information, which of course was authentic, 'the house of Qadoos Khan was raided by the Police Party headed by the D:S:P., Gul Afzal. The Police Party was instantaneously fired upon indiscriminately from in side the house and the Baitak. Resultantly the Police Party was forced to, open fire in self-defence. Firing between the accused party and the police party continued for considerable time. In the process three (3) Police officials namely. Inspector, Abdul Ismail, F.C. Mushtaq Ahmad -(No.1063) and Amjad Ali (No.141) died. Or, the other hand, three (3) accused were also killed as a result of the Police firing. In all six persons were killed.

6. Strangely, however, during the course of the episode which lasted for some time, the owner of the house namely, Qadoos Khan son of Sultan Khan resident of Gari Atta Khan, where rest of the accused Were hiding- Te'Ziding escaped from the scene of occurrence alongwith his bodyguard i.e., Naeem Khan alias Naeemai S/o Rais Khan, residence of Qamar Dand the Petitioner

7. The said bodyguard was, however arrested on the same day i.e., 6-9-1997 and the weapon of offence, a 303 rifle, was also recovered from his possession. When the empties were sent for examination to the Arms Expert--he gave appositive report.

8. In the circumstances and without dilating upon the merits of the case, we are of the view that reasonable' grounds do exist for believing that the petitioner Muhammad Naeem alias Naeemai is, prima facie, connected with the commission of the offence charged with in which six people were killed, and is not entitled to be released on bail at the moment.

9. This bail petition is without any substance and is accordingly rejected. N.H.Q./128/P Bail refused.