2009 P Cr (PLP)

IJAZ AHMAD CHAUDHRY, J.

Through this petition under section 498, Cr.P.C. Muhammad Asif alias Aso and Amanat Ali alias Mano petitioners seek pre-arrest bail in case F.I.R. No.368, dated 10-9-2004 registered under sections 302/324/148/149, P.P.C. at Police Station Millat Park, Lahore on the statement of Irshad Ahmad with the allegation that on 16-9-2004 at about 2-30 p.m. the petitioners, caused the death of Akhtar, nephew of the complainant with fire-arm weapons. It is further alleged that one Iqra daughter of the complainant also sustained injuries.

2. The motive behind the occurrence was alleged that about 10 years ago Faiz Rasool alias Nanha etc. had murdered Zahid Masood brother of Akhtar Hussain deceased and Faiz Rasool alias Nanha was sentenced to death. Subsequently, the matter was patched up and Faiz Rasool was released and as a result of the compromise he kept ill-will in' his mind and due to this reason this incident had taken place.

3. Learned counsel for the petitioners contends that the heirs of the deceased Akhtar Hussain and injured Nazia Akhtar along with the complainant have entered into a compromise with the petitioners, who submitted their affidavits before the learned Additional Sessions Judge to the effect that the petitioners were not the real culprits and in such circumstances it has become a case of no evidence to the extent of the petitioners, who may be allowed pre-arrest bail.

4. Learned counsel for the complainant has also supported the contention of learned counsel for the petitioners. However, the D.P.-G. opposes this petition on the ground that the petitioners remained fugitive from justice for about four years; that the offence falls within the prohibitory clause of section 497, Cr.P.C. and that the, petitioners are not entitled for pre-arrest bail.

5. I have heard the learned counsel for the parties and also perused the record. The incident in the present case had taken place at 2-30 p.m. on 16-9-2004 and the case was registered on the same day at 4-05 p.m. on the statement of Irshad Ahmad. In his statement Irshad Ahmad has specifically mentioned the names of both the petitioners that they while armed with kalashnikov had fired at the deceased, created terror through firing in the Bazar and murdered Akhtar Hussain and injured three persons. Then both the petitioners became fugitive from justice and were declared proclaimed offenders. For the first time they moved application for bail before arrest on 11-10-2008 more than four years after the incident. It has been held by this Court and the august Supreme Court of Pakistan that proclaimed offenders loses the normal right of audience. Bail before arrest is an extra-ordinary relief which cannot be allowed to such type of accused merely, on the basis of compromise, the voluntariness of which is yet to be determined and possibility of tampering with the prosecution evidence by the petitioners, who appear to be hardened criminal cannot be ruled out. Moreover, the petitioners fail to point out any mala fide for their false implication or explain the reason for their abscondence. In such circumstances, it is not a fit case for pre-arrest bail and this petition being devoid of any merit is dismissed. H.B.T./M-285/L Bail refused.