2006 P Cr (PLP)

MIAN MUHAMMAD NAJAM-UZ-ZAMAN, J.

Petitioners seek post-arrest bail in case F.I.R. No.313 of 2005 dated 26-9-2005 for the offence under sections 302/324/379/427/148/149/34, P.P.C. registered at Police Station Allah Abad District Kasur.

2. The precise allegation against the petitioners as penned in the F.I.R. is that on 26-9-2005 at about 12-30 p.m., petitioner Siraj Din being armed with .30 bore pistol and petitioner Anwar being armed with .222 rifle along with other co-accused who were also armed with lire-arms waylaid the complainant party within the area of Dao Ke Kalan and made indiscriminate firing as a result of which Muhammad Akbar, Ghulam Haider died and Shabbir Ahmed received multiple fire-arm injuries. During the investigation petitioners were arrested on 9-11-2005 and their hail application was dismissed by Additional Sessions Judge, Chunian, vide order, dated 20-2-2006; hence this petition.

3. Bail is sought on the grounds that during the investigation conducted by four Investigating Officers including S.P. Investigation petitioners were found innocent and in the challan their names have been placed in Column No.2. Further submits that Siraj Din petitioner is old man of sixty-five years of the age; during the investigation nothing was recovered from the petitioners; petitioners have been involved in this case because of their political rivalry with the complainant party. Conversely counsel for the complainant assisted by counsel for the State opposes the bail application on the grounds that out of seven accused, only three accused including the petitioners have joined the investigation whereas the remaining accused persons are absconders; no doubt during the investigation petitioners were found innocent but bare perusal of the record reveals that investigation was not conducted fairly and the Investigating Officers had jumped to the conclusion without joining the complainant party of bringing on record any cogent evidence in support of the said findings. Further submits that the petitioners had a long criminal history; the injuries on the person of the deceased and injured witness as well as the recovery of large number of empties from the spot clearly indicate that at the relevant time indiscriminate firing was made by a large number of accused and this fact supports the prosecution case.

4. Heard. File perused. It is a case of promptly lodged F.I.R. Petitioners are named with the specific role that at the relevant time they were armed with fire-arms and they in furtherance of their common intention with their co-accused made indiscriminate firing, as a result of which Muhammad Akbar, Ghulam Haider died at the spot and Shabbir Ahmed received multiple fire-arm injuries. No doubt the finding of the Investigating Agency is that both the petitioners are innocent but admittedly Shabbir Ahmed injured (P. W.) is still supporting the case and while making statement under section 161, Cr.P.C. had specifically stated that both the petitioners participated in this occurrence and made indiscriminate firing along with their co-accused. Challan in this case has already been submitted before the trial Court where the matter is ripe for its trial. No ground for bail is made out. Dismissed. H.B.T./5-156/L Bail refused.