1990 PLP 1121 (SCMR)

M. Nawaz Abbasi, Assistant Advocate‑General, Punjab for Respondent. Complainant in person. Date of hearing: 18th February, 1990. RUSTAM S. SIDHWA, J.‑‑‑Muhammad Ameen Shah petitioner who was disallowed bail by a learned Single Judge of the Lahore High Court, Multan Bench, seeks leave to appeal against the said order. Ashiq Hussain, a welder and father of four children, had friendship with Sabir accused. On 1st June, 1989, at evening time, Sabir; his brother Tasawar, Jamil his brother‑in‑law, Mst. Zarina wife of Jamil and Amin Shah, present petitioner, went to the house of Mst. Saira Bibi complainant. Complainant s husband was present. Sabir demanded return of his sister Yasmin, who he alleged had been abducted by Ashiq. The complainant showed ignorance and stated that Ashiq being a married person and father of four children, would not indulge in such an affair. But they all, whilst leaving, threatened that in case the abductee was not returned by the next day, Ashiq would not be spared. On 2nd June, 1989, at about 9.30 a.m., Mst. Saira Bibi complainant along with her son Ashiq were present in their house, when Amin Shan petitioner called Ashiq, who quickly went out of the house, followed by the complainant. Within her view, in the street, Amin Shah petitioner inflicted a dagger blow in the chest of Ashiq, whilst Sabir, Tasawar and Jamil accused, all armed with daggers, emerged from a nearby Ahata and attacked Ashiq. Sabir and Jamil accused each inflicted one blow on the abdomen, while Tasawar accused caused injury on the right thigh and back of Ashiq, with intent to murder. The complainant, in order to save his life, fell upon Ashiq, but Amin Shah petitioner threw her aside. Ziaul Haq, Sheikh Naeem Ahmad and Saeed Ahmad PWs witnessed the occurrence. On behalf of the petitioner it is submitted that at the time of occurrence, the petitioner was in the house of one Tanveer Hussain, Councillor of Multan Corporation, where Professor Muzaffar of the Degree College, Multan, was also present, and that four police officers, including one Additional S.P. and one D.S.P., had found the petitioner's alibi as true, as a result of which the name of the petitioner was placed in column 2 of the challan. It is further submitted that the petitioner was not related to any of the other four accused, who had a motive to assault Ashiq deceased, and that the petitioner had only been roped in due to the enmity which he had with one Abdus Sattar Sheikh, at whose instance he had been named by the complainant in the FIR. The learned single Judge of the High Court has in some details dealt with the submissions raised by the learned counsel for the petitioner, which he has rejected. The tentative view arrived at by the learned judge to hold that the submissions on behalf of the petitioner that at the time of occurrence he was present at the residence of Tanvcer Hussain, Councillor, or that Mst. Saira Bibi complainant, had been induced by Abdus Sattar Sheikh to falsely implicate him in the F.I.R., did not appear, to be well founded or inspiring confidence, appear to be based on a proper appraisal of the evidence, the surrounding circumstances and legitimate, though tentative, inferences that can be presently drawn from available facts. Having heard the learned counsel for the petitioner and having gone through the record, we do not feel persuaded to grant leave in this case. This petition is, therefore, dismissed. N.H.Q./M‑1252/S Petition dismissed.