1993 P (PLP)

Sajid Hussain Rai for the Complainant. Date of hearing: 13th September, 1992. This is a petition under section 497 of the Criminal Procedure Code by one Muhammad Abbas petitioner for bail in respect of a case registered under section 457/458/380/324/411/302/34 of the P.P C. vide F.I.R. No.47, dated 13-3-1992 at the instance of one Allah Ditta, the complainant, at P.S. Lundianwala, Tehsil Jaranwala, District Faisalabad.

2. The allegations as contained in the F.I.R. are that at the night of occurrence, Mst. Mariam, the wife of the complainant, woke up and saw three persons stealthily taking, away their two she-goats. The complainant was awakened by his wife and they started raising alarm which attracted the inhabitants of the village who exchanged fire with the culprits. It is further stated in the F.I.R. that after the firing was closed and the culprits had escaped, one person, namely, Sher Muhammad was found lying on a road-side in injured condition, who told that he was accompanied by his two co-accused Alam Sher alias Bagi and Mamman, who had run away from the spot. The Investigating Officer resumed the investigation. Allah Ditta, complainant made a supplementary statement that Sher Muhamamd (deceased) had told him that he was fired at by Alain Sher after having consultation with Muhammad Abbas, the petitioner. During the investigation, the Investigating Officer recorded the statements of two witnesses, namely, Bashir Ahmad and Mokha regarding the extra-judicial confession allegedly made by the petitioner and his co-accused Alam Sher. After the completion of the investigation, the accused stand challaned to Court to face their trial.

3. The prayer by the petitioner for his bail before the learned trial Court was refused. Hence, this petition.

4. I have heard the learned counsel for the petitioner and the learned State counsel, assisted by the learned counsel for the complainant and have perused the record.

5. It is vehemently argued by the learned counsel for the petitioner that the petitioner was not named in the F.I.R. which was lodged immediately after the occurrence. He further submits that there is no tangible evidence to connect the petitioner with the crime. The supplementary statement made by Allah Ditta and the extra-judicial confession deposed to by the two P.Ws. namely, Bashir Ahmad and Mokha, would be of no consequence as the P.Ws. in their statements under section 161 of the Cr.P.C. have only named Alam Sher, who had made presence of Muhammad Abbas, petitioner. On the other hand, the learned State counsel assisted by the learned counsel for the complainant has opposed this petition and has submitted that the material on record connects the petitioner with the crime.

6. I have given my anxious consideration to the abovementioned submissions of the parties. The petitioner is not named in the F.I.R. The alleged extra-judicial confession made before the two P.Ws. mainly relates to Alam Sher. Even in, the supplementary statement made by Allah Ditta, the petitioner has not been ascribed any injury to the deceased.

7. In view of the foregoing discussion, I, without expressing any opinion on the merits of the case, allow this petition and direct that the petitioner be released on bail subject to his furnishing security in the sum of Rs.25.000 with two sureties, each in the like amount to the satisfaction of the trial Court. N.H.Q./M-785/L Bail allowed.