1990 P Cr (PLP)

‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), Ss.302 & 307/34‑‑‑West Pakistan Arms Ordinance (XX of 1965), S.13‑D‑‑‑Pre‑arrest bail, grant of‑‑‑Accused though armed with fire‑arms, had not fired at the deceased or any witness‑‑‑All the four brothers had been implicated under a background of enmity‑‑‑Arrest of accused thus would be with ulterior motive in concert with police‑‑‑Investigation was complete and interim challan had been submitted in Court‑‑‑Interim bail already granted was confirmed in circumstances. Miran Bux v. State P L D 1989 SC 347 ref. Abdul Hakim Bijarani for Petitioners Muhammad Siddiq Kharal, AA.‑G. for the State. Date of hearing: 22nd June 1989. Applicants are facing trial alongwith other co‑accused for offences under sections 302, 307/34, P.P.C. and 13‑D, Arms Ordinance. This is an application for bail before arrest and bail plea is urged on the grounds inter alia that although both applicants are named in F.I.R. and it is stated that they were armed with guns but they have not fired at deceased or injured eye‑witness. It is stated in F.I.R. that co‑accused Muhammad Ibrahim who was armed with revolver fired at deceased Ghulam Nabi and Nooral who was also likewise armed with revolver fired at P.W. Kuraro who was hit in the leg. After the incident it is stated in F.I.R. that accused persons went away firing in the air. Mr. Bijarani stated that even this allegation is vague in nature and it is not clear whether all the four accused persons fired in the air or only those who are alleged to have fired directly at deceased and injured P.W. It is further submitted in this respect that under the law in such circumstances presumption favourable to the applicants that they had not fired should be adopted. It is also submitted on behalf of the applicants that there is background of enmity between the parties and all the four brothers have been implicated in this case by the complainant, which shows that the arrest would be with ulterior motive in concert with police. Inspector Kamber Ali is present in the Court and states that initially with this investigation was associated A.S.I. Ghous Bux who drew up F.I.R. and investigated and thereafter this Inspector took over the investigation and while investigation was still pending, it was transferred to D.S.P. F Garhi Khairo. Meanwhile this police officer got transferred to P.S. Ratodero in District Larkana. It is further stated by learned A.A.‑G. that papers relating to the investigation indicate that investigation is over and interim challan has been submitted. While urging bail plea on the ground of further enquiry in the facts and circumstances mentioned above reliance is placed on the decision of Supreme Court on the case of Miran Bux v. State P L D 1989 SC 347 and order dated 13‑6‑1989 passed in Criminal Bail Application No.396 of 1989 entitled Murad Khan and others v. State. Interim bail granted earlier is, therefore, confirmed on the same terms and conditions. SA./S.549/K Interim bail confirmed.