2014 PLP 1591 (SCMR)

IJAZ AHMED CHAUDHRY, J.

This criminal petition for leave to appeal has been filed against the order dated 29-11-2012 vide which application for grant of bail after arrest filed by Ahsan Ullah respondent/accused through Criminal Miscellaneous No.8702-B of 2012 has been allowed by learned Judge in Chambers of the Lahore High Court, Lahore in case F.I.R. No.467/2009 dated 24-5-2009 registered under sections 302, 148, 149, 109, P.P.C. at Police Station Civil Line, District Gujrat on the statement of petitioner Zafar Hussain.

2. Brief facts of the case are that on 24-5-2009 at 7-30 p.m. petitioner along with his sons Muhammad Bilal Zafar and Zafar Ali, Zaheer-ud-Din Babar and Adnan Ali were present in their agriculture land, in the meanwhile, Shehzad alias Billo armed with Kalashnikov, Zafar Iqbal armed with .222 bore, Farooq alias Moon armed with .222 bore, Ahsan Ahmed armed with Kalashnikov, Ikram Ahmad armed with .30 bore and Khalid Mehmood armed with .222 bore, came on three motorcycles. Co-accused Shehzad alias Billo raised lalkara that Muhammad Bilal Zafar, etc. should be taught a lesson for the previous litigation. Co-accused Shehzad and respondent Ahsan fired with their respective weapons hitting Bilal Zafar on the right ear. In the meanwhile, other co-accused also started firing as a result of which Adnan Ali son of Muhammad Akram received injuries on the left shoulder. Injuries were also received by Muhammad Bilal Zafar on different parts of his body. Adnan Ali and Bilal Zafar both died at the spot.

3. Learned counsel for the petitioner contends that the case was registered on 24-5-2009 but the respondent remained fugitive from justice and he was arrested on 23-12-2010 and during that period of absconsion he became involved in another case F.I.R. No. 766/2009; that the respondent was proclaimed offender and he did not deserve any leniency due to his conduct; and that despite that respondent/accused has been granted bail on the ground that he was present at the spot but he did not make firing during the incident, therefore, by accepting this petition, bail granting order, impugned herein, may be set aside.

4. Learned counsel for the respondent/accused has opposed this petition on the ground that respondent/accused has been granted bail as his case was of further enquiry and cogent reasons have been given by the learned High Court through the impugned order for his release on bail; that nothing was recovered from the respondent/accused; and that the police came to a definite conclusion that the respondent/accused has not fired during the incident, therefore, he has rightly been allowed bail after arrest by the learned High Court.

5. We have heard the arguments of learned counsel for the parties and have perused the record.

6. Incident in the present case has taken place on 24-5-2009 at 7-30 p.m. F.I.R. was recorded within one hour at Police Station Civil Line, District Gujrat on the statement of petitioner/complainant in which name of the respondent Ahsan Ullah was specifically mentioned as he along with co-accused Shehzad has resorted firing on deceased as a result of which he had died during the incident. We have also noticed that the respondent Ahsan Ullah and co-accused Shehzad are main accused responsible for the murder of Muhammad Bilal Zafar and Adnan Ali. Prima facie a case was made out against the respondent/accused and he had failed to make out a case of further enquiry and in spite that he has been granted bail after arrest.

7. Normally this Court does not interfere in the bail granting order of the learned High Court but in the present case we have noticed that respondent/accused remained fugitive from justice for a period of about 11/2 years and was arrested on 23-12-2010 and was arrested at the Airport by the FIA authorities when he was leaving this country and only then he was handed over to the police in the present case. In view of above circumstance, the respondent/accused, due to his conduct, has disentitled himself for the grant of bail as there are chances of his absconsion due to his this type of attitude. We have also noticed that during pendency of the present case and during the period in which he remained absconder, he had committed another incident and F.I.R. No.766/2009 was registered against the respondent/accused. Even otherwise his co-accused Shehzad, who is also attributed the fatal injury along with the petitioner, is still a proclaimed offender. Two other accused including one brother of the respondent are also still absconders.

8. Keeping in view all the above circumstances, we find it a fit case for interference. Accordingly, we convert this petition into appeal and allow the same by setting aside he impugned order dated 29-11-2012 of the Lahore High Court granting bail to the respondent Ahsan Ullah. He shall be arrested and committed to custody till the disposal of the case. MWA/Z-4/SC Appeal allowed.