1998 P Cr (PLP)

ABDUL HAFEEZ CHEEMA, J.

Case F.I.R. No.192 of 1995 was registered at Police Station Sarah, 'District Sialkot at the instance of Muhammad Yar Inspector/S.H.O. of the Police Station, under section 324/353/148/149/216, P.P.C. read with section 13 of the Arms Ordinance, XX of 1965, section 4/5 of the Explosive Substances Act and section 4-C of Anti-terrorist Activities Act, against the petitioner and a few others.

2. The facts of the case, as revealed by the F.I.R., briefly, are that police received an intelligence report that some proclaimed offenders had gathered at the Dera of the petitioner who was serving them with food and drinks. A raiding party was constituted by the S.H.O., and raid was accordingly conducted on the aforesaid Dera. On seeing the police party, the P.Os. resorted to firing with their Klashnikoves and other weapons. The police responded and as a result of exchange of firing, Fahim Ijaz P.O. was killed and'the present petitioner was hauld up with his Klashnikov. He is under arrest since registration of the case i.e. 16-12-1995.

3. The bail plea of the petitioner was rejected by the learned Presiding Officer-of Special Court (S.T.A.) vide his order, dated .1-9-1996.

4. It is submitted by learned counsel for the petitioner that since after his arrest he was not produced before any competent Court as such his detention is visibly illegal and he should be freed forthwith. It is further pointed out that in fact it was the petitioner who had informed the police of the arrival of the P.Os. who had forcibly come to his Dera and had asked him on gun point to serve them with eatables. He had per force complied with their dictates and the police party without any warning and without any resistance from the victim of this case opened fire and it was with a view to ensure that the petitioner 'might not lodge arty complaint against them for their wanton and uncalled for firing at his Dera that he has been hauld up that he has been attributed no injury whatsoever to anyone.

5. Learned State Counsel has, however, opposed the bail on the grounds that heir named in the F.I.R. which was promptly lodged; that special role has been ascribed to him and in case he is released on bail, there is every chance of his ascendance.

6. Arguments have been heard and record perused. Record does not show petitioner's involvement in any other case besides this one. No injury has been ascribed to him to anyone of the police officials or any other public man. He is in jail since after the registration of the case and does not appear to have been produced before any Court so far. In this view of the matter, we are inclined to admit the petitioner to bail in the sum of Rs.2,00;000 (two lacs) with two sureties each in the like amount to the satisfaction of the Trial Court. H.B.T-530/L Bail granted.