1989 PLP 4851 (MLD)

M. Afzal Khan Niazi for Petitioner. Rab Nawaz Khan Niazi for Respondents. Awais Naseem for the State. Through this petition, the grant of bail to the respondents Ahmed Nawaz and Ata Ullah Khan, by the learned Additional Sessions Judge, Mianwali, vide his order dated 11th January, 1989 and 20th January, 1989 respectively, are called in question. This order will also dispose of Criminal Miscellaneous 386/B of 1989 Bashir Ullah Khan v. Ata Ullah Khan etc.

2. According to the allegations in the F.I.R., on 14th of August, 1988 at about 7 p.m. when the deceased was present outside the hotel of one Haq Dad Khan alongwith others, both the respondents Ahmad Nawaz and Ata Ullah Khan alongwith Ghulam Qadir, who was driving Toyota Hilux car reached the scene of occurrence. All of them alighted from the car and they raised a Lalkara at Muhammad Khan (deceased) that he would be taught a lesson for the abduction of Mst. Zarina. On hearing the Lalkara, the deceased rushed to the room of the hotel, while, Ahmed Nawaz and Ata Ullah Khan, respondents chased him. Ahmed Nawaz respondent fired the first shot and then Ata Ullah Khan, respondent fired a shot hitting the deceased, as a result of which, the deceased fell down and succumbed to the injuries in the room of the hotel.

3. During the investigation, Ghulam Qadir, Driver of the car was found innocent and placed in column No.2 of the challan. The respondents were allowed bail only on the ground that according to the F.I.R, both of them had fired two shots whereas according to the post‑mortem report, only one entry wound was found on the dead body of the deceased. It was contended before me that the grant of bail on the basis of this appraisal is contrary to the judicial principles laid down governing the grant of bail.

4. Considering the case from all angles and without commenting upon the merits of the case, it is evident that the respondents had chased the deceased into the room of the hotel and had also fired shots. Prima facie, the respondents are guilty of the commission of offence of murder, which is punishable with death or life imprisonment and, therefore, the offence falls within the prohibitory clause and the learned Additional Sessions Judge had erred in exercising the jurisdiction" while granting bail to the respondents on the aforesaid ground. Accordingly, I set aside the orders passed by the learned Additional Sessions Judge and the bail granted to the respondents is hereby cancelled. They shall be taken into custody forthwith. SA./B‑153/L Bail cancelled.