2008 PLP 715 (YLR)

HASNAT AHMAD KHAN, J.

Abdul Khaliq petitioner has sought post-arrest bail in case F.I.R. No.415, dated 11-11-2006 registered at Police Station Saddar Mian Channu, Distt. Khanewal in respect of offences under sections 302/109, P.P.C.

2. Precisely the prosecution story as unfurled in the F.I.R. lodged at the instance of Allah Ditta complainant is that Sajjad Hussain accused had shortened the life of Asghar Ali deceased by inflicting a Chhurri blow. Motive behind the occurrence was stated to be a dispute qua the land which was going on between the parties since 4/5 years. Besides the said motive it was stated by the complainant that sister of Sajjad Hussain accused had been engaged to Asghar Ali deceased but later on Sajjad's father had agreed to give the hand of her said daughter to the petitioner's son. Thereupon Asghar Ali deceased had manoeuvred the lodging of the said lady in Darul Aman. According to the complainant Sajjad Hussain accused had murdered his son on the instigation of the petitioner.

3. In support of this petition, learned counsel for the petitioner has contended that admittedly the petitioner had not actively participated in the occurrence and only allegation against, him is that of abetment whereas in the F.I.R. no evidence of abetment was referred to. To strengthen his case, learned counsel for the petitioner has relied upon the cases of Syed Amanuilah Shah v. The State and another PLD 1996 SC 241, Sabir and others v. The State 2000 CrL.J 530 and Muhammad Ashraf v. The State 2007 MLD 882.

4. Conversely, the learned Deputy Prosecutor General and learned counsel for the State assisted by the learned counsel for the complainant has opposed the bail application on the ground that the petitioner is nominated in the F.I.R.

5. Heard. Record perused. It has been straightaway noticed that though the petitioner is specifically named in the F.I.R. yet only the allegation levelled against him is that of instigation. Admittedly he was not present at the spot at the relevant time and therefore, he had not actively participated in the occurrence. Allegation of abetment was levelled without referring to any evidence of abetment in F.I.R. The record reveals that after the registration of the case statements of Talib Hussain and Muhammad Yasin P. Ws. were recorded to show that Abdul Khaliq petitioner had instigated the main accused right in their presence to murder the deceased. Admittedly, both the said witnesses are closely related to the deceased. Talib Hussain is statedly nephew while Muhammad Yasin is cousin of the complainant. According to the said witnesses they had heard the petitioner while instigating the main accused two days before the occurrence but interestingly in their own wisdom they did not think it proper to disclose this fact to the complainant or the deceased before the murder of Asghar Ali. Besides this it would be a question of further consideration as to whether the petitioner was so fool enough to declare his intention to kill the person in presence of someone related to the, deceased. Above mentioned aspects of the case would be needing further inquiry into the alleged guilt of the petitioner entitling him to bail. The case law cited by the learned counsel for the petitioner is fully attracted to the facts and circumstances of the present case.

6. Consequently, this petition is accepted and the petitioner is allowed bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 with two sureties in the like amount to the satisfaction of the learned trial Court. H.B.T./A-227/L Bail granted.