2003 PLP 731 (MLD)

Mashkoor Sabri for Petitioner. Rana Jahanzeb Khan for the Complainant. Atta Ullah Tareen for the State. Muhammad Aslam, Muhammad Rafique 'and Muhammad Shahid seek post‑arrest bail in cast; F.I.R. No.45 of 2002 registered at Police Station Delhi Gate under sections 392, 395, 458 and 412, P P.C.

2. The occurrence allegedly took place on 17‑4‑2002 at 8‑45 p.m. It was reported to the police on 21‑4‑2002. According to the F.I.R., the present petitioners accompanied by Muhammad Aslam son of Abdul Haq, co‑accused armed with pistol, Churri and dagger entered the house of Naseer Ahmad (complainant.) at about 8‑45 p.m. While their co accused Muhammad Ismail remained on guard in the street. The accused bolted the house from inside. Muhammad Aslam put his pistol on the temple of Mst. Sakina, while Shahid accused threatened the wife and son of Naseer Ahmad (complainant) with a dagger. Muhammad Rafique accused allegedly went inside the room and brought .Rs.15,800 after having broken a box. On the arrival of the P. Ws. the accused decamped.

3. Learned counsel for the petitioner contended that the case against the accused has been falsely implicated with an ulterior motive. He pleaded that Mst. Errum Shahzadi the niece of the complainant is married to Muhammad Aslam petitioner and the complainant wants the said Muhammad Aslam accused to divorce his wife. It is further argued that Muhammad Shahid accused, according to the school certificate, is 15 years of age, as such he is entitled to the concession of bail under the proviso to section 497, Cr.P.C.

4. I have considered the arguments and have perused the record. In view of the fact that the accused are related to the complainant, the explanation offered by the complainant does not appear to be unreasonable. Had the F.I.R. not been a mere concoction it was not difficult for the complainant to show the registration of the case with promptness. Muhammad Shahid accused has been produced in the Court pursuant to a direction. He is a tall young boy with not less than 5'‑6" height. The age of the accused recorded in the school certificate does not appear to be correct. This observation shall not be used for any other purpose. Prima facie, there are reasonable grounds to believe that the petitioners have committed the offences with which they have been charged fall within, the prohibitory clause. Therefore, I do not consider it proper to release the petitioners on bail. This petition is dismissed. N.H.Q./M‑1569/L Bail refused.