2002 PLP 381 (YLR)

S. 497(2)

Penal Code. (XLV of 1860), Ss.302/148/149

Bail, grant of

Further inquiry

No evidence was on record to the effect that either of accused persons had fired at deceased

Accused were in jail for last about nine months and trial was not in sight-- Question of guilt of accused requiring further inquiry, they were allowed bail. Abdul Aziz Khan Niazi for Petitioners. Date of hearing:23rd July, 2001. Learned counsel for the petitioner does not press this petition to the extent of the petitioner Bashir Ahmad Bojrhi, therefore, to his extent this petition is dismissed as not, pressed.

2. Bail is sought for petitioners Muhammad Younis and Ghulam Haider in a case registered vide F.I.R. No.324 of 2000 dated 29-10-2000 under sections 302/148/ 149, P.P.C., Police Station Fazilpur, District Rajanpur wherein it is alleged that on the fateful night when the complainant's father got up to ease himself, complainant heard fire where after he rushed to the spot and found in the light of the torch that his father was lying on the ground in an injured condition and accused Bashir Ahmad, Shameera, Ramzan, Younis and Haider armed with rifles were standing there. They raised Lalkara if the complainant would try to come near them, he too would be killed: Thereafter they decamped from the spot. His father, however, succumbed to the injuries and died at the spot. The motive alleged is that on the fateful night the accused had come with the intention to commit theft of cattle and when the complainant's father Imam Bakhsh saw and identified them, they finished the only evidence against them.

3. Learned counsel for the petitioners seeks bail on the ground that there is no evidence against the petitioners; that it was an unseen occurrence, that in two successive investigations petitioners were declared innocent and that they are behind the bars since October. 2000 and the trial is not in sight.

4. Admittedly, there is no evidence to the effect that either of the petitioners fired at Imam Bakhsh deceased. They were declared innocent during two successive investigations. They are in jail since October, 2000 and the trial is not in sight. In these circumstances the question of petitioners guilt would require further inquiry. Resultantly, this petition is allowed to the extent of petitioners Muhammad Younus and Ghulam Haider and they are allowed bail subject to their furnishing bail bonds in the sum of Rs,50,000 with one surety each in the like amount to the satisfaction of the learned trial Court. H.B.T./M-1345/L Bail granted.