2002 PLP 1159 (YLR)

Syed Waqar Abbas Kazmi for Petitioners. Ashfaq Ahmad Chaudhary for the State. F.I.R. was lodged by Muhammad Siddique for the murder of Khalid Mehmood who was his real brother, against the two unknown persons. Muhammad Siddique is not eye‑witness of this case, what was told to him by Mst. Rehana and his son Tariq Mehmood, he narrated in the F.I.R.

2. Learned counsel for the petitioners in support of this petition for bail before arrest submits that the petitioners are not named in the F.I.R., that in fact Fayyaz and Shehzad are real brothers and Khalid is an employee in their workshop, that Fayyaz had filed a complaint under section 302, P.P.C. against Siddique for the murder of his father and that matter is pending before this Court. He submits that criminal and civil litigations are also pending between the parties, that an extra judicial confession was concocted on 18‑2‑2001 while the occurrence took place on 26‑2‑2001, that Khalid is witness in the above-said complaint which was dismissed by the learned Sessions Judge, Sheikhupura and the revision petition in this regard is pending before this Court. He submits that Mst. Rehana has exonerated the petitioner, that there is no evidence on the record to connect the petitioners with the alleged offence under section 302/34 P.P.C. Adds that the petitioners have joined the investigation.

3. On the other hand learned State counsel is not in a position to rebut the submissions made by the learned counsel for the petitioners and submits that this is a case which is full of doubt and there is no evidence on record which can connect the petitioners with the offence of commission of murder.

4. The Investigating Officer who is present in Court submits that the petitioners are guilty in this case.

5. I have heard the learned counsel for the parties. Learned State counsel after going through the police file has admitted that there is no such evidence, which can connect the petitioners with the offence under section 302/34, P.P.C. Petitioners are not named in the F.I.R. and the complainant lodged the F.I.R. on the basis what was he told by Mst. Rehana and Tariq. Civil and criminal litigation is also pending between the parties. Mst. Rehana the eye‑witness on whose asking the complainant had lodged the F.I.R. has exonerated the petitioners. Nothing is to be recovered from the petitioners. Learned State counsel has not supported the prosecution case, it means that the instant case has been lodged with mala fide and ulterior motive with the connivance of the local police. In this view of the matter, this petition is accepted and the petitioners are allowed bail in the sum of Rs.50,000 (Fifty thousand) each with one surety each in the like amount to the satisfaction of trial Court. N.H.Q./F‑94/L Pre‑arrest bail granted.