1994 P Cr (PLP)

Petitioner seeks bail in a case registered against him and four others at Police Station Bhawana, District Jhang, under section 302/324/148/149, P.P.C. on 29-5-1992. According to F.I.R., there were rumours of illicit connections between Mumtaz, nephew of the complainant, and Mst. Rasoolan, daughter of Sattar caste Qazi. On the day of occurrence, the complainant along with his brother Rehma (deceased) and Mst. Sahib Bibi, wife of Rehma, were going to the house of Mumtaz to advise him. When they were passing through the street, Nausher, petitioner, and Sikandar, who were standing on the roof of the house of Allah Yar armed with guns, and Madad Ali alias Mudai and Zulfiqar, who were standing in the Bazar armed with Sotas, launched attack on them. Nausher after raising a Lalkara fired a shot at Rehma which struck him on the right hip as a result of which he fell down. Thereafter, Manak Sher (petitioner) fired a shot which struck Mst. Sahib Bibi on her right flank and left arm. The hot fired by Sikandar hit Mst. Kausar, who was also walking around. On the farm raised by the complainant, the P.Ws. arrived at the spot. The accused ran away. Zulfiqar is alleged to have continued raising Lalkaras that if anybody intervened, he will be killed.

2. During investigation, Zulfiqar and Madad Ali were declared innocent end their names were placed in column No.

2. Sikandar was allowed bail by this court vide order, dated 20-2-1993.

3. Bail is being pressed for the petitioner on the grounds, that he has been falsely involved in this case; that the alleged recovery of gun was planted on hi that there is no allegation that he had caused any injury to the deceased; that the injuries alleged to have been caused by him to Mst. Sahib Bibi were not on the vital parts; that he is in jail for more than sixteen months and the trial has not vet started,

4. The contentions, that he was not alleged to have caused any injury to the deceased and that he is in jail for more than sixteen months and the trial has not " started have not been contradicted by the counsel appearing for the State. In fact, the same are borne out from the record as well. Keeping in view the fact that the gun alleged to have been recovered from the petitioner was not wedded with any crime empty and that he is in jail for more than sixteen months and had not caused any injury to the deceased, I feel inclined to allow him bail. He shall be released on his furnishing bail bonds in the sum of Rs. twenty-five thousand with two sureties, each in the like amount, to the satisfaction of A.C., Chiniot. N.H.Q./M-1383/L Bail granted.