2003 PLP 1644 (MLD)

Date of hearing: 21st January, 2003. Muhammad Ashraf and Muhammad Anwar the petitioners have moved the instant petition to seek after arrest bail in case F.I.R. No. 133 dated 13-8-2002 under section 324/337-F(ii) read with section 34, P.P.C. registered with Police Station Kameer, District Sahiwal.

2. Briefly, the prosecution case as per the F.I.R. is that on 12-8-2002 at about 3-30 p.m. Muhammad Anwar (petitioner No.2) armed with .30 bore pistol, Muhammad Ashraf (petitioner No.1) armed with .7 MM rifle, Ansar Mehmood with pump action and Akmal alias Phana armed with .12 bore gun, in furtherance of their common intention, have attempted the Qatl-i-Amd of Zafar Ali, the real brother of the complainant. Ansar Mehmood fired at him hitting upper right side of his head. Akmal fired with his double barrel gun hitting him on his right knee, who fell down. Ansar Mehmood, fired with pump action at Muhammad Boota hitting him on his palm of the right hand. Muhammad Anwar had been raising lalkara.

3. The motive behind the occurrence is that Muhammad Anwar was injured by Sajjad alias Shada and Shahid Rasool. In that case Zafar Ali was involved falsely, who in the investigation was found innocent. On the grudge over the same, the accused have committed the above act.

4. It has been contended on their behalf that they have been falsely roped in; that mere lalkara is ascribed to the petitioner Muhammad Anwar and no injury to anyone; that no overt act is ascribed to petitioner Muhammad Ashraf; that nothing has been recovered from them; that they are behind the bars for the last more than 3-1/2 months; and that they are previous non-convicts.

5. On the other hand, the learned counsel for the State assisted by the learned counsel for the complainant has opposed the petition on the ground that they while armed with lethal weapons have joined their co-accused and in the occurrence committed by them two persons have been injured that Anwar petitioner has been ascribed the motive behind the incident.

6. I have carefully considered the submissions made by the learned counsel for the parties with the help of the available record.

7. The fact remains that mere presence of petitioner No. 1 Muhammad Ashraf with .7 MM rifle at the spot has been shown in the F.I.R. He has been ascribed no overt act in commission of the crime alleged. Although petitioner No.2 Muhammad Anwar has been ascribed the role of lalkara but he did not cause any injury despite the fact that he allegedly was armed with .30 bore pistol. Admittedly nothing has been recovered from them. So the question of their sharing common intention with their co-accused in the attempt of murder of Zafar Ali and causing injury to Muhammad Boota needs further inquiry and as such, their case is covered under subsection (2) of a section 497, Cr.P.C.

8. They are stated to be behind the bars for the last about 3-1/2 months and previous non-convicts.

9. In these circumstances, I find them entitled to bail. The petition. therefore, is accepted and they are admitted to bail provided they furnish bail bonds in the sum of Rs.50,000 (rupees fifty thousand) each with one surety each in the like amount to the satisfaction of the learned trial Court. H.B.T./M-1975/L??????????????????????????????????????????????????????????????????????????????????????????? Bail granted.