1997 P Cr (PLP)

PLD 1996 SC 241 ref. Khawaja Muhammad Sharif for Petitioner. Mian Muzaffar Ahmad for the Complainant. Bashir Ahmad Baig for the State. Petitioner seeks bail in a case registered with Police Station Mochiwala, District Jhang for offences under section 302/109/148/149, P.P.C. vide F.I.R. No.252, dated 17-7-1996, The case was got registered by Nasir Abbas with the allegation that on 16-7-1996 first informant with his father Dilawar Khan came to the house of one Ahmad Khan to enquire about the health as he was not well. In his house, Muhammad Khan and Ahmad Hayat were also there. All of them slept at night. In the middle of night, first informant got. up to make water and saw co-accused of the petitioner armed with guns present near the cot of first informant. Aurangzeb raised Lalkara and fired hitting first informant's father. It was followed by Hakam Khan accused who also fired hitting injured, as a consequence of which he died at the spot. According to the F.I.R, on 12-7-1996 in the evening, first informant was told by Muhammad Anwar and Allah Bakhsh that they were passing near the Dhari of Hakam when Aurangzeb, Zulfiqar, Aslam, Ghulam Abbas and Muratab Ali, petitioner with Nusrat were sitting at the Dhari. Muratab Ali and Nusrat were saying that Dilawar had taken their Lambardari, therefore, he should be eliminated.

2. It was contended by the learned counsel for the petitioner that petitioner was not present at the spot. He did not participate in the occurrence at all. The only allegation against him is that he hatched a conspiracy on 12-7-1996 for the murder of Dilawar Khan which took place on 16-7-1996 Contends that at no stage any of the witnesses informed the authorities nor the deceased took any step for his protection. Submits that an effort has been made to movie the entire male members of the family. Contentions were opposed by the learned counsel for the State as well counsel for the complainant.

3. I have heard learned counsel for the parties and gone through the file. The petitioner is not named in the F.I.R. as one of the assailants present at the spot. The role ascribed to him was of conspiracy which alleged to have been taken place on 12-7-1996, yet no effort was made to inform the authorities regarding the same. The manner in which the alleged conspiracy is alleged to have been committed does not appeal to reason. The witnesses of conspiracy who were passing by the Dhari could not have possibly heard the same being hatched inside the house in such details without being spotted. Both the witnesses of conspiracy are close relations of the deceased which fact also makes it a case of further inquiry. In these circumstances, while relying upon PLD 1996 SC 241, application is accepted. Petitioner is allowed bail provided furnishes security in the sum of Rs.1,00,000 (Rupees one lac only) with two sureties each in the like amount to the satisfaction of Judicial/Duty Magistrate, Jhang. N.H.Q./M-301/L Bail allowed.