2022 PLP 993 (MLD)

ASJAD JAVAID GHURAL, J.

Through this common order, I intend to decide the titled petition filed by Mian Shahzad Maqbool and following connected petitions under Section 498 Cr.P.C. seeking pre arrest bail in case FIR No.484/2021 dated 18.05.2021, in respect of offences under Sections 302, 324, 447, 452, 511, 109, 148 and 149, P.P.C., registered at Police Station Qutabpur District Multan:- i) Crl. Misc. No.4462-B/2021 filed by Muhammad Jameel and Mazhar Abbas, ii) Crl. Misc. No.4560-B/2021 filed by Muhammad Asif, iii) Crl. Misc. No.5483-B/2021 filed by Malik Muhammad Mohsin Darig, iv) Crl. Misc. No.5487-B/2021 filed by Tanveer alias Billa, Shahbaz Ahmad and Muhammad Aslam, v) Crl. Misc. No.5702-B/2021 filed by Zafar Iqbal.

2. Precisely, the allegation against the petitioners is that on 18.05.2021 at about 03:15 p.m., they (except Malik Muhammad Mohsin) along with their nominated as well as 8/10 unknown accused, while armed with lethal weapons, formed an unlawful assembly and in furtherance of their common object, launched murderous assault upon the complainant party and caused injuries to Muhammad Ishfaq, Muhammad Azhar, Muhammad Iqbal, Muhammad Siraj, Muhammad Nawaz, Muhammad Ijaz, Muhammad Tanvir and Muhammad Ijaz. Muhammad Ishfaq succumbed to the injuries at the spot. Hence, this case was registered.

3. I have heard learned counsel for the petitioners, learned Deputy Prosecutor General appearing for the State assisted by learned counsel for the complainant and perused the record.

4. After arguments at full length, learned counsel for the petitioners wishes to withdraw Crl. Misc. No.5487-B/2021 to the extent of petitioner Shahbaz Ahmad in order to surrender before the police. The said petition stands dismissed as withdrawn to the extent of petitioner Shahbaz Ahmad.

5. Out of the aforementioned petitioners, petitioner Mian Shehzad Maqbool Bhutta is though named in the crime report yet with the role of providing behind-the-scene abetment and he did not actively participate in the occurrence and even none has been mentioned therein to show how the complainant came to know the said abetment. The name of none of the witnesses of abetment has been mentioned in the crime report, however two witnesses namely, Muhammad Irfan and Allah Ditta made statement under section 161, Cr.P.C. to that effect that they reached at the place of occurrence within 2/3 minutes when it was over. Keeping in view these facts and circumstances of the case, it appears that the evidence of the witnesses of abetment has been managed and maneuvered subsequently in order to falsely implicate the said petitioner in this case.

6. Two of the petitioners namely, Malik Muhammad Mohsin Darig and Muhammad Jamil are not named in the crime report, who were implicated in this case with their parentage and addresses on third day of the occurrence i.e. 20.05.2021 by the complainant through his supplementary statement at the instance of Muhammad Abid and Muhammad Ramzan PWs. The statements of said PWs recorded under Section 161, Cr.P.C. depict that they had identified the petitioners and four other accused at the spot on the very day of the occurrence. The mode and manner qua implication of the said petitioners in this case at the instance of the witnesses, who had identified them at the spot at the relevant time but their names were not mentioned in the crime report, prima facie itself shows that they have been managed and maneuvered subsequently, in order to falsely implicate the petitioners in this case with mala fide intention and ulterior motive of spreading the net wide. These petitioners have already joined the investigation wherein no incriminating material could be recovered from them. In these circumstances, insistence of the investigating agency upon arrest of these petitioners appears to be unnecessary and, thus, smacking of bad faith.

7. Petitioner Mazhar Abbas, Muhammad Asif Tanveer alias Billa, Muhammad Aslam and Zaffar Iqbal were saddled with the specific role of causing injuries to the injured witnesses with their respective fire arm weapons as well as batons wherein seven persons sustained serious injuries and one Muhammad Ishfaq lost his life at the spot. The respective role of the said petitioners is as under:- i) Petitioner No.2/Mazhar Abbas was saddled with the responsibility of inflicting baton blow at the back of head of injured Muhammad Iqbal. ii) Petitioner Muhammad Asif was alleged to have caused two fire arm injuries at the left thigh and left forearm of injured Muhammad Iqbal. iii) Petitioner Tanveer alias Billa was alleged to have caused fire arm injury at the foot of injured Tanveer son of Muhammad Munawar. iv) Muhammad Aslam was saddled with the responsibility of inflicting baton blow at the right leg of injured Iqbal. vi) The alleged role of petitioner Muhammad Zafar Iqbal was that he had caused two fire arm injuries at the buttock of injured Ijaz.

8. The accusation of forming unlawful assembly while armed with fire arm weapons and trespassing into the house of the complainant levelled against the said petitioners is prima facie supported with the respective medico-legal examination certificates of the injured witnesses, who have fully supported the contents of the crime report in their statements recorded under Section 161, Cr.P.C. They have been found fully involved in this occurrence and their physical custody is required to the police for the purpose of further investigation as well as recovery of respective weapons of offence. Nothing is available on record to show that implication of the said petitioners was tainted with any mala fide and ulterior motive and, thus, they are not entitled to the extra ordinary relief of pre arrest bail.

9. In view of what has been discussed above, Criminal Miscellaneous No.4433-B/2021, Criminal Miscellaneous No.4462-B / 2021 to the extent of petitioner No.1 /Muhammad Jamil and Criminal Miscellaneous No.5483-B/2021 are allowed and the concession of ad interim pre arrest bail already granted to petitioners Mian Shehzad Maqbool, Muhammad Jamil and Malik Muhammad Moshin Dariq stands confirmed subject to their furnish fresh bail bonds in the sum of Rs.100,000/- (rupees one lac) each with one surety each in the like amount to the satisfaction of the trial Court.

10. The petitions filed by the remaining petitioners namely, Mazhar Abbas, Muhammad Asif, Tanveer alias Billa, Muhammad Aslam and Muhammad Zafar Iqbal are without any merit, the same stand dismissed. The ad interim pre arrest bail already to the remaining petitioners is hereby recalled. SA/S-91/L Order accordingly.