2004 PLP 2298 (YLR)

Petitioner Tariq through the instant petition has soug ht for post-arrest bail in case F.I.R. No.419, dated 1-12-2003 under sections 302/324/109/34, P.P.C. registered with Police Station Muradpur, District Sialkot.

2. Briefly the allegation against him as per F.I.R. is that he was party to the criminal conspiracy to do away with deceased Tariq Mehmood and attempt on the lives of passersby Muhammad Javed and Muhammad Afzal alias Bhalli.

3. The motive behind the occurrence is that Tariq fruit wala (petitioner) had taken on rent the shop from Tariq Mehmood deceased, who few days prior to the occurrence had asked him to vacate the same. The petitioner alongwith Qamar Butt and Umar Butt had extended him threats and there had taken place altercation between them over the same.

4. It has been contended on his behalf that he has falsely been roped in; that the only allegation against him is to be party to the criminal conspiracy to do away with the deceased and attempt on the lives of the aforesaid passersby; that the story made up by the witnesses in this behalf is highly improbable and devoid of any intrinsic worth; and that he is behind the bars and a previous non-convict.

5. Conversely, the learned A.A.-G. has opposed the petition on the ground that he is named in the F.I.R. as the person, who had hatched up conspiracy to do away with the deceased.

6. I have carefully considered the submissions made from both the parties with the help of the available record.

7. The only allegation against the petitioner is that he was party to the criminal conspiracy to do away with the deceased. There are on the record the statements under section 161, Cr.P.C. dated 23-1-2004 of Muhammad Hanif and Muhammad Amjad. The same are to the effect that on 1-12-2003 at about 4-00 p.m. they had gone to the agency of Qamar Butt to purchase cement and there Qamar Butt, Umar Butt, Adil Butt, Arif, Tariq fruit wala (petitioner) and Shehzad alias Zaka Butt were present and Tariq and Shehzad alias Zaka Butt were saying that Tariq Mehmood is not stopping to get vacated the shop and so he may be done to death.

8. The question that if any body would hatch up conspiracy in that way and so openly to be heard by others needs serious consideration. His case, therefore, calls for further inquiry into his guilt and so the same is covered under subsection (2) of section 497, Cr.P.C.

9. He is behind the bars and stated to be previous non-convict.

10. In these circumstances, I find that the case for his enlargement on bail has been made out. The petition, therefore, is accepted and he is admitted to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (Rupees one lac) with one surety in the like amount to the satisfaction of the learned Sessions Judge, Sialkot/trial Court. H.B.T./T-14/L Bail granted.