1998 PLP 1121(2) (MLD)

S. 497

Penal Code (XLV of 1860), S. 307/511/34

Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S. 12

Bail, grant of- Report about occurrence was made by brother of alleged victim, but he was neither eye-witness to the incident nor he had disclosed the name of informant who apprised him of same

Information of complainant, thus, was of a derivative nature

F.I.R. was lodged after delay of about 4-30 hours despite distance between place of occurrence and Police Station was hardly 2 K.M.- Story made by complainant did not stand corroborated by prosecution witnesses

No empties were recovered from vicinity of the spot nor weapon o1 offence was recovered from either of accused

Case was of ineffective firing and co-accused was granted bail

Case against accused being arguable one for the purpose of bail, bail was granted to accused without touching merits of case. Malik Haq Nawaz for Applicants. Hafizur Rehman, District-Attorney for the State. The present incident took place at about 12 noon on 25-7-1997 and the report was lodged on the same day at 4-30 p.m. The distance between the place of occurrence and the Police Station is hardly 2 K.M. The report about the alleged occurrence was made by one Manzoor, brother of Khalid Hassan, who is not an eye-witness to the occurrence, nor he has disclosed the name of the informant, who apprised him about the incident. His information is that of a derivative nature. The report made by Manzoor complainant, is to the effect that his real brother namely Khalid Hassan, who is student of class 7th and as usual on 25-7-1997, he had gone to High School Astore and after the close of school, he proceeded towards his house and when he reached near a turn, he sit down to ease himself and in the meantime, Ibadat accused came and asked Khalid Hassan to stay, meanwhile, Sadaqat Ali and Muhammad Ali accused also emerged and commanded Khalid Hassan to proceed towards the field of one Abdul Wahab; that Khalid Hassan refused to oblige them, upon this, all the three accused namely Sadaqat Ali, Muhammad Ali and Ibadat threatened him with dire consequences on the point of pistol and while taking Khalid Hassan in the direction of Abdul Wahab's field fired shots and on reaching in the field of said Abdul Wahab, they started grappling with Khalid Hassan and during the course of grapling, the accused party told Khalid Hassan brother of the complainant that under the direction of their elders, they would snatch every thing from the persons belonging to Ahle-Sunnat-Wal-Jamat and they are not going to give any concession to him; that there was a rock and he was pushed from the said rock, who fell down and struck against an apricot tree and fled-away towards the house of one Muhammad Nazim School Master and succeeded- in saving his life; that the accused party fired more shots at Khalid Hassan, while he was running towards the house of Muhammad Nazim Teacher; it is also mentioned in the F.I.R., that the incident was witnessed by Muhammad Nazim; that if Khalid Hassan had not taken shelter in the house of Muhammad Nazim, he would have been done to death by the accused party; it is further stated in the F.I.R., that the accused party tried their utmost in order to commit unnatural offence and to take the life of Khalid Hassan, but they could not succeed in their mission.

2. The story narrated in the first information report, made by Manzoor complainant does not stand corroborated by P.W. Muhammad Nazim Form Master of Khalid Hassan and Abdul Baqi P.W. who is also serving as a teacher in the very school. Both the P.Ws. are silent in their statements recorded under section 161, -Cr.P.C. by the Police about the alleged fire shots. From the site plan, it is crystal clear that the spot and the Police Station are hardly at a distance of 2 K.M. No empties have been recovered from the vicinity of the spot nor the weapon of offence have been recovered from either of the accused. The time of occurrence is 12 noon while the report was lodged at 4-30 p.m. Apart from this, it is case of ineffective firing.

3. Keeping into consideration the statements of Muhammad Nazim and Abdul Baqi, eye-witnesses which are not in line with the F.I.R., and the fact that the maker of the report namely Manzoor is not an eye-witness and his source of information is of a derivative nature, on the basis of which, he lodged; the report, even the name of the informant is not given in the report by Manzoor brother of victim Khalid Hassan. Besides, accused Muhammad Ali has already been enlarged on bail by the learned Sessions Judge, Diamer vide his order, dated 4-10-1997.

4. Without going deep into the merits of the case, prima facie, the case of the accused/petitioners is arguable one for the purpose of bail. I, therefore, without touching the merits of the case, deem it fit and proper in the interest of justice, to enlarge the accused/petitioners on bail, subject to their furnishing bail bonds in the sum of Rs. 20,000 with two sureties each, in the like amount to the satisfaction of any Magistrate Ist Class, District Diamer. A.A./34/G Bail granted.