1997 PLP 978 (MLD)

Abdul Qayum Sarwar, Addl.‑A.G. for the State. Date of hearing: 4th September, 1996. Briefly stated, the facts of this sensational case, as disclosed in F.I.R. No.342, are that on 28‑5‑1996 the S.H.O., Police Station Lund Khawar, Umra Khan, was informed by H.C. Ali Rehman (No.318), who was on 'Gasht' of the Illaqa, on wireless that he had signalled a Flying Coach, Registration No.GAH‑3566, to stop for checking but the driver of the vehicle instead of stopping the vehicle sped away. The S.H.O. was further informed that the three persons, boarding the vehicle, were either proclaimed offenders or that they had stolen the Coach. The S.H.O. acted quickly and held a "Nakabandi" in front of Police Station to stop the vehicle. After some times the Flying Coach arrived there. It was signalled to stop. However, the driver of the vehicle, instead of stopping the vehicle tried to "run over" the police party. Resultantly, the police party opened fire at the` vehicle but the driver managed to get away. The S.H.O., in order to apprehend the culprits, started chasing the Coach in a private car. Since the Coach had proceeded towards Police Post "Spray", therefore, the staff posted there was alerted and directed to close the "Phatak" and to stop the Coach. When the vehicle reached near the "Phatak" and the three culprits saw that the "Phatak" was closed and the police personnel, duly armed, were holding "Nakabandi", they stopped the vehicle, got down and ran towards the forests. While decamping the three accused fired with a Klashnikov and a pistol at the police party. Resultantly, the police party also fired up on the culprits, in self -defence. One of the accused was hit, got injured and ran towards the Mango Garden while the other two accused ran towards Shakhakot. The police party, headed by the S.H.O., continued to chase the two culprits and finally arrested one of them namely, Faridoon. Two hand‑grenades (made in U.S.S.R.) were recovered from his possession. The third culprit managed to escape. In the meantime, Azizullah S.H.O., Police Station Shergarh and the Circle D.S.P. also reached there. On search, the police party found the injured culprit lying dead alongwith 0.30 bore pistol. Accordingly F.I.R. No.342 was registered under section 324/353/411/34, P.P.C. read with sections 13, A.O. and 5, Explosive Substances Act at the instance of S.H.O.

2. It appears that during the course of investigation the so‑called confessional statements of Muhammad Afzal s/o Haneef (hailing from Gujranwala) and Ghulam Qasim s/o Noor Muhammad (hailing from Chakwal) were got recorded so as to lend support to the prosecution story, fully detailed in the F.I.R.

3. However, a perusal of the record would reveal that the petitioner has neither been named in the F.I.R. nor any overt act has been attributed to him in the so‑called "confessional statements" of the co‑accused mentioned above. In fact there is nothing on the file to suggest, even remotely, that the petitioner is connected with the commission of the offence charged with.

4. It still remains a mystery as to what prompted the S.H.O. to make an effort to get these two persons, who had made the alleged confessional statements, released under section 169/63, Cr.P.C. which request was however, turned down by the Judicial Magistrate, Mardan at Takht Bai, vide his order dated 17‑6‑1996. This fact also needs a thorough probe.

5. In point of fact I am of the considered view that since a person has been killed in the police encounter therefore, it would be most appropriate and in accordance with natural justice if the investigation, in this case, is conducted by the Crimes Branch so that true facts could come to the lime light and the real culprits apprehended.

6. Since I am of the view that the petitioner's case is that of further enquiry, therefore, I admit him to bail. He shall be released forthwith, if not required in any other case, provided he furnishes bail bonds in the sum of Rs.50,000 (50 thousands) with two sureties, each in the like amount to the satisfaction of trial Court. N.H.Q./2015/P Bail allowed.