2012 P Cr (PLP)

Laws Cited

Representation

• ----S. 497---Penal Code (XLV of 1860), Ss. 302/109/148/149---Qatl-e-amd, abetment, rioting armed with deadly weapons, unlawful assembly---Bail, refusal of---Allegation against the accused was that he impersonated himself as an advocate for which an F.I.R. was registered against him on the pointation of deceased (advocate) who was eye-witness for the said F.I.R.---Contentions of the accused were that he was not present at the time and place of occurrence; that alleged threats extended by the accused to the deceased were vague in nature, and that date, time and place of the alleged conspiracy/ abetment had not been mentioned in the F.I.R.---Validity---F.I.R. showed that accused was pointed out as a fake advocate by the deceased and in the presence of witnesses, an F.I.R. of cheating and fraud was registered against the accused---Co-accused (real brothers of the accused), fulfilled the command of the accused by committing the murder of the deceased---Statements of prosecution witnesses were available on record to connect the accused with the conspiracy/ abetment to murder the deceased---Accused was involved in twenty-four (24) criminal cases registered at different police stations, which made him a hardened, desperate and dangerous criminal---No case for grant of bail was made out---Bail application of accused was dismissed, in circumstances.
• Abdul Rashid for Petitioner.
• MAZHAR IQBAL SIDHU, J.---It is a case wherein a legal professional i.e Advocate Mian Shahbaz Ali of Sheikhupura has been assassinated in his hey days on account of his objecting to the petitioner personating him as a lawyer by becoming an eye-witness in a case lodged against him vide F.I.R. No.1336 dated 3-10-2011 under sections 420, 468, 471, P.P.C. at Police Station Islampura District Lahore on the written complaint of Muhammad Tariq Khan, Advocate at that time the petitioner intimidated the deceased that he would see him and on the following day owing to his conspiracy his co-accused Muhammad Imran, Muhammad Shehzad alias Sajjad and Irfan real brothers of the petitioner along with two unknown persons caused multiple fire arm injuries to Mian Shehbaz Ali when he was proceeding towards Katchery, Sheikhupura being injured on the way to D.H.Q., Hospital Sheikhupura he succumbed.
• 3. Learned D.P.-G. assisted by the learned counsel for the complainant has opposed the submissions by contending that it is very much mentioned in the F.I.R. that the petitioner warned the deceased on his involvement as being impersonator as an Advocate till tomorrow and this ultimatum given by the petitioner was consequently got completed by him through his co-accused. It has further been submitted that during the investigation two P.Ws. namely Muhammad Tariq Cheema and Muhammad Tehseen Buzmi appeared before the Investigating Officer on 4-10-2011 and explicitly made statements detailing about the conspiracy/abetment involving the petitioner and have categorically said that the petitioner in their presence directed his co-accused who are his brothers Imran and others that the deceased be taught a lesson and in this way sufficient material is available on the record as the earlier fact of involvement of the petitioner is connected with the fact of murder of Mian Shehbaz Ali, Advocate deceased of the instant case. It has further been argued that the petitioner is involved earlier in about 24 cases of fraud registered in different police stations; by concluding the arguments prayer for dismissal of bail has been made.
• 5. F.I.R. goes to show that the petitioner was pointed out as a fake Advocate by the deceased and in the company of witnesses, F.I.R. of cheating-cum-fraud was registered at Police Station Islampura, Lahore, as mentioned op-cit, the petitioner intimidated the deceased that till tomorrow i.e. 4-10-2011 the deceased would be taught a lesson and he asked his co-accused Muhammad Imran etc. to teach a lesson to Mian Shehbaz Ali, Advocate. It has been found that co-accused of the petitioner are his real brothers and they have fulfilled the command of petitioner by committing the murder. Statements of Muhammad Tariq Cheema and Muhammad Tehseen Buzmi are available on the record to connect the petitioner with the commission of conspiracy/abetment to murder. Petitioner has been found involved in 24 criminal cases registered at different police stations detail of the same is penned down infra:--

Headnotes / Summary

Judgment & Decree