2008 PLP 438 (MLD)

IJAZ AHMAD CHAUDHRY, J.

The petitioner seeks bail after arrest in case F.I.R. No. 310 of 2004, dated 3-10-2004 registered under sections 302/109/1413/149, P.P.C. at Police Station Saddar Mian Channu, District, Khanewal.

2. Briefly the allegation in the FIR. is that the present petitioner along with other co-accused while armed with fire-arms had made murderous assault upon the complainant party and committed Qatl-e-Amd of complainant's brother, namely, Muhammad Akbar.

3. Learned counsel for the petitioner contends that the petitioner's case is at par with the case of co-accused, namely, Abdul Hameed, 'who has' been granted bail by the learned Additional Sessions Judge. It is further contended that. Abdul Hameed, was declared innocent but the petitioner was declared guilty on the same evidence. Also relied upon 1987 MLD 1129 in support of his contentions. It is further contended that the petitioner is complainant of case F.I.R. No.233 of 2004, in which, Manzoor Hussain, the complainant of instant case is accused, who has falsely implicated the petitioner in this case. It is also contended that nothing was recovered from the petitioner during investigation. It is further contended that in the first investigation, the Investigating Officer declared that it was a blind murder as the occurrence had taken place in the night and it was not possible for the complainant and other witnesses to see the petitioner.

4. Learned counsel for the State, on the other hand, opposes this application.

5. I have heard the learned counsel for the parties and also perused the record. It is not denied by the State that the petitioner is complainant of case F.I.R. No. 223 of 2004 registered at Police Station Saddar Mian Channu, in which, Manzoor Hussain complainant of this case is one of the accused. The chances of false implication of the petitioner in the present case due to the above reason cannot be ruled out. Admittedly, the petitioner's role is not distinguishable from the role of his co-accused, namely, Abdul Hameed as the injuries had collectively caused the death of the deceased and mere declaring innocent of Abdul Hameed by the police is not sufficient for distinguishing the case of the petitioner from the said accused as both of them were ascribed the same role of causing injuries with fire-arm to the deceased but on the non-vital parts of the his body. In the above circumstances, the petitioner has succeeded in making out a case of further inquiry. Hence, this application is accepted and the petitioner shall be released on bail subject to her furnishing bail bonds in the sum of Rs.1,00,000 with two sureties each in the like amount to the satisfaction of learned Trial Court. H.B.T./M-571/L Bail granted.