2004 PLP 2249 (YLR)

I intend to decide bail applications Nos.679 of 2003 and 647 of 2003 by this single order as they arise out of the same bail order.

2. Briefly, the facts giving rise to these bail applications are that on 28-11-2003, one Muhammad Shahid, lodged F.I.R. at Police Station, Tando Adam, alleging therein that on 27-11-2002 he, P. Ws. Muhammad Sadiq and Muhammad Rafique, saw one yellow colour portrait which was pasted in a bond shop belonging to accused. Akbar Marwari, situated in Shah Complex Centre, Tando Adam, wherein photo of Kabatullah and Rozz-e-Rasool was printed. Following words were inscribed in Urdu language on the aforesaid portrait:- On seeing it, they enquired from owner of the shop who disclosed that said paper was prepared at Faisalabad. The complainant removed the photostat paper and took it to Ulmah of Jama Mosque who after seeing it, directed him to lodge the report. The complainant thereafter lodged the F.I.R. I have heard Mr. Qurban Ali H. Chauhan and Mr. Khuwaja Naveed Ahmed, Advocates for the applicants as well as Mr. Rashid A. Qureshi, Asstt. A.-G. for the State. The latter has opposed the bail plea of accused.

3. The perusal of record shows that the applicants had prepared photo-stat copies, wherein photos of Kabatullah and Roza-e-Rasool was printed, whereas the aforesaid words in Urdu were inscribed. The only serious objection by the complainant is that this photo-stat was pasted at the bond shop, belonging to accused Akbar and was prepared and photo-stated by the co-accused Abdul Waheed and Mujahid Ali alias Mujahid. I do not find anything in the photo-stat which could be imagined la be derogatory qua to Holy Prophet Muhammad (peace be upon him). The criminal intention of accused in printing these Urdu words or photo stating the Kabatullah and Roza-e-Rasool are yet to be established at the trial. Merely, the pasting of photo-stat of Kabatullah or Roza-e-Rasool for flourishing the business cannot be termed to be derogatory to Prophet Muhammad (peace be upon him). Final challan of the case has been submitted under sections 489-F, 295-A and 295, P.P.C. Section 489-F, would not be attracted in the present circumstances. So far 295-A, P.P.C. is concerned, the complainant has to file a direct complaint as provided under section 196, Cr.P.C. Section 295, P.P.C. is punishable for two' years. Final challan has not been submitted under section 295-C, P.P.C. For these reasons the accused were ordered to be released on hail vide short order dated 12-12-2003. These are the reasons for the same. H. B. T. /A-57/K Bail granted.