2004 P Cr (PLP)

Rai Zameer‑ul‑Hassan Kharal for the Complainant (in Criminal Miscellaneous No.740/B of 2003). Azhar Abbas Kazmi for the State. Date of hearing: 17th February, 2003. Javaid Iqbal son of Ali Muhammad, caste Jat, resident of Village Hardopipli, Tehsil and District Hafizabad through Criminal Miscellaneous No.582/B of 2003, and Luqman Asghar alias Maanu son of Muhammad Ashraf, caste Bhatti, resident of village Kamomalli, Tehsil and District Gujranwala alongwith Muhammad Akram son of Saifullah caste Bawra, resident of of Hardopipli, Tehsil and District Hafizabad, through Criminal Miscellaneous No.740/B of 2003, have applied for their after arrest bail in the case bearing F. I. R. No. 126, dated 4‑7‑2002 which stands registered against them under sections 302, 109, 148/149, P.P.C., with Police Station Vanikay Tarar, District Hafizabad, therefore, both the petitions are being disposed of together.

2. The allegation against the petitioners is that on 4‑7‑2002 at about 3‑00 p.m. in the area of Thhathh Nehra, Javaid Iqbal armed with rifle .244 bore Rauf Iqbal son of Taj Din armed with rifle .222 bore, Luqman Asghar alias Maanu armed with pistol .30 bore on one motorcycle while Bashir Ahmed alias Bau, Muhammad Akram son of Saifullah, Nasra son of Ghulam Haider armed with rifles on the other motorcycle came at the spot and while standing their motorcycles in front stopped the tractor of Muhammad Shahbaz and, thereafter, while standing on the right side fired straightaway with their respective weapons towards Muhammad Shahbaz and this scene was witnessed by Mst. Zahida Begum, Tahir Mehmood, Bashir Ahmad and Muhammad Khan while Muhammad Shahbaz after sustaining the injuries had died on the tractor. The motive behind the occurrence was the past enmity of murder. So at the instance of Mst. Zahida Begum widow of the deceased, the abvoesaid case was registered on the same day at 5‑30 p.m. at Police Station Vanikay Tarar, District Hafizabad.

3. Learned counsel for the petitioners argued that in accordance with the prosecution story, Javaid Iqbal petitioner was present at the spot on the day of occurrence whereas the factual position is that he was arrested on 30-6‑2002 in another case bearing F.I.R. No.186 dated 30‑6‑2002 registered under the Arms Ordinance with Police Station Kot Moman, District Sargodha and remained under arrest till 10‑7‑2002 and when this fact was verified by the Investigating Officer it was found to be correct and that by concluding the investigation the petitioners were found innocent in this case and had been falsely involved in this case and in fact the prosecution version has been negated during the investigation, therefore, it is a fit case for bail. He referred to the cases reported in Muhammad Sadiq v. Sadiq and others PLD 1985 SC 182, Dr. Muhammad Aslam v. The State 1993 SCMR 2288, Muhammad Aslam v. The State 1982 PCr.LJ 529, Noor Ahmad v. The State 1993 PCr.LJ 1517 and Gulzar Ahmad v. The State 1994 SCMR 1728 in support of his arguments.

4. On the other hand the learned State Counsel assisted by learned counsel for the complainant opposed this petition for bail and submitted that the opinion of the police is not binding on the Court and the defence plea is to be thrashed out in detail at the stage of trial. He referred to the case titled Jan Muhammad v. Abdul Latif and 3 others reported in 2003 MLD 72 in support of his arguments.

5. The defence version advanced in case of Javaid Iqbal is such which finds support from the documentary evidence as he was arrested in a case registered under Surrender of Illicit Arms Act, 1991 at Police Station Kot Moman, therefore, it may be argued at this stage that the prosecution version in case of Javaid Iqbal is being negated by the documentary evidence. Therefore, to his extent it is a case of further inquiry.

6. During investigation it was found that Rauf Iqbal, Javaid Iqbal and Atta Ullah accused named in the F.I.R. gave a cash amount to their co‑accused for commission of murder of Muhammad Shahbaz by arranging their fake arrest in criminal cases, registered with Police Station Kot Moman while in case of Bashir son of Bau, Akram son of. Saifullah and others, no sound proof could come on the file and these actual accused persons have yet to be arrested who committed the Qatl‑i Amd of Muhammad Shahbaz at the spot and if this opinion of the police is entertained in toto it would amount to the decision of the case at this stage. At least it looks that to the extent of Luqman and Muhammad Akram the opinion of the local police is not based upon any sound material.

7. Therefore, in the circumstances as discussed above, Javaid Iqbal petitioner is released on bail subject to his furnishing surety Bond in the sum of Rs.2,00,000 (Rupees two lac) with two sureties in the like amount D to the satisfaction of the learned Sessions Judge, Hafizabad. While the petition for bail after arrest on behalf of Luqman Asghar and Muhammad Akram petitioners is hereby dismissed. H.B.T./J‑103/L Order accordingly.