2004 PLP 1548 (YLR)

Sardar Mahmood Iqbal Khakwani for Petitioner. Mirza Muhammad Nadeem Asif for the State. Noor Jahania son of Abdul Haq got an F.I.R. No.15 of 2002 registered on 4‑2‑2002, under section 324/34, P.P.C. with Police Station, Marot, District Bahawalnagar. It was stated in the F.I.R. that Ghulam Qadir son of Ahmad Baksh and his son Muhammad Amen, armed with .12 bore pistols had ambushed him when he was near to his owned lands of Talib Hussain Arain. Ghulam Qadir after threat of Lalkara had fired at him. The other accused, Muhammad Amin had also followed the same by firing at him. The motive of the occurrence stated was that Ghulam Qadir had suspicion in his mind with regard to alleged illicit relations of the informant with his sister Anwar Mai. The petitioner had moved bail application in the Court of learned Additional Sessions Judge, Haroonabad, Camp, at Fortabbas, which was dismissed on 26‑6‑2003. Hence, this application for bail after arrest.

2. The learned counsel appearing on behalf of the petitioner submits that there was a delay of 7 hours in the lodging of F.I.R. ; that Muhammad Ameen son of Ghulam Qadir, who was attributed a specific role in the F.I.R., was declared innocent and got discharged by the police; that there was a. contradiction between the ocular evidence as recorded by the police and the medical report and that all the offences, except one attributed to the petitioner, do not fall within the prohibitory clause of section 497, Cr.P.C.

3. The learned counsel appearing on behalf of the State has opposed the bail vehemently. According to the State counsel, complete challan has already been submitted in the Court on 25‑6‑2002, therefore, the bail may not be granted to the petitioner, in these circumstances.

4. I have heard the learned counsel appearing on behalf of the parties and perused the record.

5. My tentative view with regard to, the application of the petitioner is that there was a delay of seven hours in the lodging of F.I.R., which was not explained, although the police station was at a distance of 18 kilometers from the alleged place of occurrence. The petitioner was arrested on 18‑6‑2002, since then he was in the judicial lock‑up. The detention of the accused shall not serve any useful purpose, during the trial of the case. It has been found that there is contradiction between the ocular / statement of the witnesses, F.I.R and the medical report. The police, during the investigation, has found Muhammad Ameen son of Ghulam Qadir, though he has attributed a specific role, to be an innocent person. He was got discharged from the case by the police. There is yet another fact which makes the case of the petitioner to be of further inquiry. The weapon allegedly used at the time of alleged occurrence was shown to be a pistol of .12 bore, but the recovery by the police was made of a double barrel gun. Even this weapon was not sent for examination to the Forensic Science Laboratory. According to the police, no empty bullet was found from the place of occurrence. The learned counsel has correctly submitted that although the challan was filed in the Court yet there was no prospects in the near future of the commencement of trial, and the conclusion of the case. Having considered all these circumstances, the case of the petitioner appears to be a case of further inquiry. Therefore, I grant him bail after arrest in the sum of Rs.50,000 (fifty thousand rupees) with one surety in the Nice amount to the satisfaction of the trial Court.

6. It may be pointed out here that the above‑said findings/observations are applicable to this bail after arrest application, which should not be considered at the time of finalization of the case, which should be tried and decided on its own merits. H. B.T./G‑19/L Bail granted.