2011 PLP 2002 (SCMR)

ASIF SAEED KHAN KHOSA, J.

Through this petition Ghulam Mustafa petitioner has sought leave to appeal against the order dated 14-6-2011 passed by a learned Judge-in-Chamber of the Lahore High Court, Lahore in Criminal Miscellaneous No. 6111-B of 2011 whereby post-arrest bail was refused to the petitioner in case F.I.R. No.559 registered at Police Station Safdarabad, District Sheikhupura on 22-12-2010 in respect of offences under sections 302/397/400/109, P.P.C.

2. We have heard the learned counsel for the petitioner, the learned Additional Prosecutor-General, Punjab appearing for the State and the learned counsel for the complainant and have gone through the record of this case with their assistance.

3. Admittedly the petitioner had not been nominated in the F.I.R. in any capacity whatsoever and he had been implicated in this case for the first time through a supplementary statement made by the complainant. The said supplementary statement made by the complainant shows that the petitioner was not present at the scene of the crime at the relevant time and that the only allegation levelled against him was in respect of providing behind-the-scene abatement to his co-accused and hatching of a conspiracy. During the investigation two witnesses had made their statements before the investigating officer in respect of that allegation against the petitioner and those witnesses were Naseer Ahmad and Liaquat Ali. A perusal of the statements made by the said witnesses before the investigating officer shows that they had statedly overheard the petitioner advising his son and other co-accused to commit the alleged offences but undeniably the said witnesses had failed to inform the complainant about such overhearing till after the occurrence had actually taken place. According to the complainant and the said witnesses the petitioner was the head of a gang of dacoits but the learned Additional Prosecutor-General appearing for the State has confirmed the fact that the petitioner has no history of involvement in any case of robbery or dacoity. The petitioner happens to be the father of his co-accused namely Zaheer Mustafa who is required by the police in a number of cases of dacoity and he is a fugitive from law and in that backdrop an exaggeration to the extent of the petitioner has appeared to us to be a possibility which calls for further inquiry at this stage. The investigation of this case has already been finalized and a Challan has been submitted before the learned trial court and, thus, physical custody of the petitioner is not required at this stage for the purposes of investigation.

4. For what has been discussion above this petition is converted into an appeal and the same is allowed and, resultantly, the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs. 50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court. M.H./G-14/SC Bail allowed.