2010 PLP 1502 (MLD)

CH. IFTIKHAR HUSSAIN, J.

Petitioner Farmaish Ali through the instant petition has sought for post arrest bail in case F.I.R. No.77 registered under sections 302/148/149/109 P.P.C. and section 7 of the Anti-Terrorism Act, 1997 with Police Station Batapur, Lahore on2-3-2009. Later on the police have deleted the offence under section 7 of the aforesaid Act, 1997, in the same.

2. Briefly the allegation against him as per the F.I.R. is that he was party to the criminal conspiracy to do away with deceased Ghulam Murtaza, the son of the complainant Mst. Nighat Siddique.

3. It has been argued on his behalf that he has falsely been roped in; that there is mere allegation against him of the conspiracy of the murder of the deceased and nothing more; that he was not present at the spot at the time of occurrence; that during the investigation, his plea of innocence has been found to be with substance by the Investigating Officer and so he has been declared as innocent; that the evidence of P.Ws. Maqsood Ahmad and Muhammad Ramzan was recorded on 10-5-2009 and 11-5-2009 respectively and so it was about more than two months after the alleged incident; that it was an afterthought; . that the manner and mode of hatching up conspiracy for the murder of the deceased as stated by these two witnesses is not appealing to reason; that he is behind the bars since 5-6-2009; that although the challan has been submitted in the Court, yet his trial has not commenced so far.

4. Converse to that, the learned D.P.-G. has opposed the petition on the ground that the petitioner has hatched up the conspiracy of the murder of the deceased. He, however, has conceded that he during the investigation has been found to be innocent. It may be mentioned here that the learned counsel for the complainant has vehemently opposed the petition on the ground that he is the mastermind behind the crime; that he is a police official; that his brothers are involved in criminal activities and there are many cases against them; and that they have teased the people of the area by their criminal activities.

5. I have carefully considered the submissions made on behalf of the parties and perused the record.

6. As is obvious from the above position that there is mere allegation against him of criminal conspiracy to do away with the deceased. The record has shown that the statement of one Maqsood Ahmad and Muhammad Ramzan have been recorded on 10-5-2009 and 11-5-2009 respectively. Firstly, this was about two months and eight days after the alleged incident. Secondly, the question of evidentiary value of such belated statement definitely is to be tested in due course of trial. It is interesting to mention here that the manner of the alleged conspiracy as stated by these two witnesses prima facie is dubious because it appeals not to reason that a man of ordinary prudence will conspire with others for the murder of someone in that way while leaving the door open to be heard even by the passersby.

7. Not only this, he admittedly has been found innocent during the investigation. Hence, from all such angles, I am convinced that his case is open to further inquiry into his guilt. So, the mischief of sub-section (2) of section 497, Cr.P.C. is amply attracted to his case.

8. As regards the criminal activities of his brothers or their involvement in other cases, I have the least hesitation to say here that such thing can hardly come in his way to the grant of bail, when he admittedly is having no record of previous involvement in any other case and even is a non-convict. His trial statedly has not commenced as yet.

9. In this view of the matter, I find that case for his enlargement on bail has been made out. Resultantly, I accept this petition and allow him bail subject to his furnishing bail bonds in the sum of Rs.100,000 (Rupees one lac only) with one surety in the like amount to the satisfaction of the learned trial Court.

10. Before parting with this order, it is hereby clarified that the above observations are tentative in nature and meant only for the disposal of the matter in hand. These shall have no bearing at all on anybody's case at trial. H.B.T./F-75/L Bail granted.