1990 P Cr (PLP)

GUL MUHAMMAD KHAN, C.J.‑‑‑ This order shall also dispose of Con; Criminal Revision No. 16/1 of 1989, filed by Munawar Hussain, Head Constable and Con: Revision No. 21 /L of 1989, filed by Mukhtar Ahmad, Riaz Ahmad, Muhammad Khalid, Naeem Hussain, Muhammad Zaman and Muhammad llyas, Foot Constables. Umer Hayat assails the order, dated 10th of June, 1989, whereby Mr. Gulshad Hassan Alvi, Additional Sessions Judge, Gujrat, dismissed his bail application, Munawar Hussain also assails a similar order but his bail application was dismissed for non‑prosecution, when he absented after being granted the interim bail. Mukhtar Ahmad and five others, Foot Constables, challenge the order, dated 20th of June 1989, passed by Mr Gulshad Hassan Alvi, dismissing their bail application.

2. The case against all these petitioners arises out of the F.I.R. No. 152, dated 21st of May 1989 The report of that case was lodged by Wajid Ali. According to him, a person in civilian clothes entered the gate of his house and after passing through the courtyard he trespassed in the house. On inquiry as to why he had entered without permission he started beating the complainant. He also beat him in return on which the trespasser ran away.

3. After 15 to 20 minutes of the incident, petitioner Umer Hayat, Sub Inspector 0.Ii.n., police Station `B' Division alongwith other petitioners without announcing and without permission, trespassed into complainant's house and started beating the complainant's mother Fazeelat Bibi, Parveen Mujtaba Ahmad and his nephew Rashid Shakir with sticks, fists, legs and butts of guns and pistols causing injuries. They were bleeding from mouth and teeth. Their clothes were got blood‑stained. They were dragged from the house, abusing and beating threatening them with life. The clothes of the complainant's mother, sister‑in his own clothes were torn.

4. The complainant went on to say that after this insult the trespassers also took away four golden bangles, one locket, two ear rings, one golden ring and other valuables and also broke and destroyed some of the other articles. They then locked them in one of the rooms of the police station. Thereafter, many persons came and begged for justice from the accused.

5. This case, according to the judicial inquiry report attracted public reaction creating law and order situation. The Deputy Commissioner, therefore, ordered judicial inquiry and appointed the Additional Deputy Commissioner General to do so.

6. The judicial inquiry report has been read in Court. According to it, prima facie, the facts as stated in the FIR and repeated by the counsel in Court are correct. The Police investigation as conducted by Umer Farooq Bhatti, D.S.P., also, on the face of it, supports all the allegations except those that fall under `harabah' which are not yet fully established. According to him, Naeem Hussain and Muhammad Ilyas Petitioners in Constitutional Revision No.21/1 of 1989 seem to have been unjustifiably involved.

7. As this apparent lawlessness, rather utter disregard of law, has allegedly been committed by an agency meant to protect and preserve law and order, the life, liberty, safety and property of the citizens, it must be looked at with more seriousness. However, as the facts surfaced so far do show involvement of the petitioners who can also adversely affect the progress of purposeful investigation, we do not think this is the right stage to allow them the concession of bail.

8. We, therefore, dismiss all the applications excepting those of Naeem Hussain and Muhammad 11yas who shall be released on their furnishing bail bonds in the sum of Rupees ten thousands with two sureties each in the like amount to the satisfaction of Ilaqa Magistrate. N.H.Q./493/FSC Order accordingly.