2020 PLP 100 (YLRN)

MALIK SHAHZAD AHMAD KHAN, J.

The petitioner Muhammad Rizwan through the instant petition seeks post arrest bail in case FIR No. 268 dated 05.07.2018 registered at Police Station City Jauharabad District Khushab offences under Sections 302/109/148/149/34 of P.P.C.

2. Arguments heard. Record perused.

3. As per brief allegations levelled in the FIR, on 05.07.2018 at about 11:00 a.m., the complainant along with PWs and his brother namely Ahmad Iqbal deceased, who was a police employee, went to Madina Hotel in order to take their lunch and when they reached in the street of Masjid Lari Adda near Madina Hotel, the petitioner and his five co-accused emerged at the spot while riding on three motorcycles while armed with different weapons. As per contents of the FIR, the petitioner and his five co-accused made one fire shot each on the body of Ahmad Iqbal deceased and thereafter, they fled away from the spot. Motive behind the occurrence was an earlier FIR No. 35 dated 07.03.2018 offences under Sections 324/34/109 of P.P.C. registered at Police Station Sadar Jauharabad; wherein, Tasawar Elahi, Zafar and Ehsan Elahi co-accused were challaned and due to the said grudge, murder of Ahmad Iqbal was committed.

4. I have noted that there is one deceased in this case and for the murder of one person, the complainant has implicated, as many as, six accused while attributing one firearm injury to each of them on the body of the deceased. The complainant also implicated four accused persons in this case with the role of abetment and as such, for the murder of one deceased, the complainant has implicated, as many as, ten accused persons in this case. Fatal firearm injuries on the person of Ahmad Iqbal deceased have been assigned to other co-accused and the petitioner has been attributed the role of making a single fire shot which landed on the right upper arm of the deceased (injury No.3, in the postmortem report). According to the final opinion of the Medical Officer, the said injury was not the cause of death of Ahmad Iqbal deceased and injuries Nos. 4, 5 and 6, attributed to co-accused, were the cause of his death. Learned DPG assisted by learned counsel for the complainant has argued that as per report of the Punjab Forensic Science Agency, two empties recovered from the spot have matched with the pistol recovered from the possession of the petitioner but I have noted that as per contents of the FIR, the deceased was a police employee who was posted in D.C. House, Khushab at the time of occurrence. The occurrence in this case took place on 05.07.2018. The petitioner was arrested in this case on 06.07.2018 and the empties were sent to the Forensic Science Agency on 09.07.2018. As mentioned earlier, the deceased was an employee of the police department (Head constable) therefore, possibility cannot be ruled out that after the arrest of the petitioner on 06.07.2018, fake empties were prepared in this case and sent to the Punjab Forensic Science Agency for their comparison on 09.07.2018, with the pistol, which has shown to be recovered from the possession of the petitioner on 15.07.2018. Even otherwise, recovery is only a corroborative piece of evidence. Moreover, motive of registration of earlier FIR No. 35 of 2018 was against Tasawar Elahi, Zafar and Ehsan Elahi co-accused, who were challaned in the said case and as such, the petitioner has no motive to take part in the occurrence.

5. Keeping in view all the aforementioned facts, the instant petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing the bail bonds in the sum of Rs.200,000/- (Rupees two hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court. SA/M-100/L Bail granted.