1985 PLP 796 (MLD)

This is an application for post arrest bail on behalf of Ashfaq alias Ashfaqa, Mukhtar Ahmad and Alamgir, petitioners, in a case registered against them and another, namely, Sarfraz alias Pappu at Police Station City Sialkot on 31-7-1983, under section 302/34, P.P.C. for committing the murder of Shaukat Ali in furtherance of the common intention of them all.

2. It is alleged that there was a dispute between the deceased and Sarfraz alias Pappu co-accused etc. over some business dealings and a Civil suit was pending between them. As a sequel of this dispute, Sarfraz alias Pappu co-accused and Ashfaq alias Ashfaqa petitioner, armed with Chhuris, Alamgir petitioner armed with a pistol and Mukhtar Ahmad petitioner empty handed, came to the shop of the deceased on 31-7-1983 at 8-30 a.m. and on the Lalkara of Mukhtar Ahmad, Ashfaq alias Ashfaqa petitioner and Sarfraz alias Pappu co-accused caused injuries to the deceased with their respective Chhuris, to which he succumbed at the spot. It is also alleged that at that time, Alamgir petitioner continued firing in the air from his pistol.

3. After the investigation of the case, the police found the petitioners as innocent and mentioned their names in column No.2 of the challan.

4. During the investigation, it transpired that Sarfraz alias Pappu, co-accused of the petitioners, and one Abdul Waheed alias Waheedi actually committed the offence but since the complainant party was not prepared to give any evidence against Abdul Waheed alias Waheedi, the police submitted the challan against Sarfraz alias Pappu co-accused only, mentioning the names of three petitioners in column No.2.

5. The bail of the petitioners is opposed by the learned State counsel on the ground that the opinion of the Investigating Officer is not binding and the learned Additional Sessions Judge after examining the record preferred to summon the petitioners as accused in the case. It is argued on behalf of the petitioners that the role which is ascribed to Mukhtar Ahmad petitioner is merely the proverbial Lalkara and Alamgir petitioner is not attributed any injury to the deceased and in view of these circumstances even if the police had challaned them as accused, they would have been entitled to bail. As regards Ashfaq alias Ashfaqa petitioner, it is urged that in view of the police report declaring him innocent, the case against him at least needs further inquiry.

6. The grounds urged for bail to the petitioners are quite weighty. I, therefore, accept this application and admit the petitioners to bail in the sum of Rs. 20,000 (Rupees twenty thousand only) each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Sialkot. S.G.D. Bail allowed.