2002 PLP 954 (YLR)

Sahibzada Farooq Ali Khan and Altaf Ibrahim Qureshi for Petitioner. M. Qasim Khan, Asstt.A.‑G. assisted by Muhammad Ibrahim Farooq for the State. Petitioner seeks bail in a case registered vide F.I.R. No.413 of 2000 dated 15‑11‑2000, under sections 302/148/149/458, P.P.C., Police Station, Saddar Chichawatni, District Sahiwal.

2. The prosecution story as given in the F.I.R. briefly stated is that on the fateful midnight at about 12‑45 a.m. the petitioner alongwith 8 others armed with fire‑arm trespassed into the house of the complainant party raised Lalkara that they would lift Mst. Rukhsana Kausar and teach the complainant party a lesson for abducting her and thereafter Muzaffar Ali, petitioner fired rifle shot on complainant's brother Raza Abbas which hit him on the back side of his head. The latter fell down and died at the spot. The motive alleged is that Mst. Rukhsana Kauser, a close relative, of the accused had contracted Nikah with Ghulam Qamar, complainant's brother and to avenge that the petitioner alongwith others committed murder of Raza Abbas.

3. Learned counsel for the petitioner seeks bail on the ground that 7 out of accused named in the F.I. R. were declared innocent and the police has finally challaned Hassan, Sajjad, Ashraf and Arshad Iqbal only. Petitioner, he added was declared innocent in three successive investigations. A discharge report was submitted before the concerned Magistrate but the said Magistrate did not agree on the ground firstly that the petitioner had made confession before the police of his involvement in the alleged offence and secondly, the statements of the prosecution witnesses under section

161. Cr.P.C. fully implicated the petitioner. Learned counsel added that there was no confession and complainant was not worthy of credit as F.I.R. has been found to be false.

4. Learned Assistant Advocate‑General opposed the petition by submitting that the petitioner is specifically named in the F.I.R., that this Court is not bound by the finding of the Investigating Officer and that the complainant and the prosecution witnesses fully implicated the petitioner in an offence which falls in the prohibitory clause of section 497, Cr.P.C.

5. Heard.

6. I have gone through the police record with the assistance of the learned Assistant Advocate‑General. The Assistant Advocate General admits that at no stage petitioner made confession that he was involved in the occurrence in question rather he adds that he had taken a plea of alibi which was supported by several witnesses. I have gone through the report of the concerned Investigating Officer D. S. P. dated 12‑12‑2000. He stated that twice the complainant party was summoned and finally on the afore-referred date both the parties were asked to enter the Mosque and swear on oath as to who were the actual assailants. As per, D.S.P's. finding eight persons entered the Mosque and swore on Holy Qur'an that the petitioner was in their Mouza at their Dera from 10‑00 p.m. to 2‑30 a.m. and was operating the Tubewell of Rana Muharnmaa Boota with his tractor. This was endorsed by Rana Muhammad Boota who added that the petitioner left the tube well on his tractor after hearing about the occurrence. It is also on record that the case registered vide F.I.R. No.282 of 2000 under Hudood Laws at Police Station, Saddar Chichawatni, District Sahiwal for the abduction of Mst. Rukhsana Kausar (which found motive part of the prosecution story in the instant case) Ghulam Abbas, Raza Abbas, Muhammad Zafar and Manzoor Ali were accused. This case was being pursued by Muzaffar Ali petitioner and according to the petitioner he had been named to exert pressure for a compromise in the Hudood case. In the light of the afore-referred material brought on record the three Investigating Officers found Muzaffar Ali, petitioner, not to be involved in the occurrence in question. Although this Court is not bound by the ipse dixit of police, yet the 3 successive findings of innocence would make petitioner's guilt a matter of further enquiry. I am therefore, inclined to allow this petition and subject to petitioner's furnishing bail bonds in the sum of Rs.1,00,000 each (Rupees one lac each) with two sureties in the like amount to the satisfaction of learned trial Court he shall be released on bail. S.M.A.H./M‑1214/L Bail accepted.