1997 P Cr (PLP)

S. 497(2)

Penal Code (XLV of 1860), S.324/452

Bail, grant of-- Complainant's son who was the brother of the lady allegedly injured by the accused was already involved in the murder of the aunt of the accused

Motive in both the cases for commission of the alleged offence was illicit liaison between the said son of the complainant and the niece of the accused

Plea taken by accused had been put forward by him at the earliest before the Investigating Officer and was not without any substance and his case in view of the said background had become one of further inquiry making him entitled to the concession of bail

Accused was allowed bail accordingly. Sahibzada Farooq Ali Khan for Petitioner. Sh. Gul Muhammad for the State. Ch. Parvaiz Aftab for: the Complainant. Brief facts relevant for the disposal of this bail application are that an F.I.R. No.286 of 1996 was registered at the instance of Mehboob Alam, under section 324/452, P.P.C. on the allegation that Shahid Iqbal (whose real name is stated to be Shahid Ali) came to the house of the complainant and exhorted that Aftab Ahmad should be sent out of the house which was not acceded to, on which he opened fire hitting Mst. Shagufta daughter of the complainant on her abdomen. The petitioner entered the house and started making search of Aftab Ahmad who could not be traced out. Had he found Aftab Ahmad he would have murdered him. Motive for the occurrence was stated to be that the petitioner suspected illicit relations of Aftab Ahmad with Mst. Saima, niece of the petitioner.

2. Detailed arguments were advanced both by learned counsel for the petitioner as well as for the complainant. The main stay of the arguments advanced by learned counsel for the petitioner is that in fact Aftab Ahmad, brother of said Mst. Shagufta came to the house of the petitioner where the petitioner's aunt Mst. Nafeesa Begum had come to take Mst. Saima alongwith her because it was apprehended that Aftab would forcibly abduct Mst. Saima. Aftab forcibly entered the house while armed with a pistol and fired two shots at Mst. Nafeesa who succumbed to the injuries there at the spot. Consequently a. case vide F.I.R. No.287 of 1996 was registered at Police Station City Layyah tinder section 302, P.P.C. against Aftab Ahmad, where earlier F.I.R. No.286 of 1996 subject-matter of the present petition was registered against the petitioner. It is added that in fact Mst. Nafeesa was murdered prior to the injuries caused to Mst. Shagufta but as Shahid Ali petitioner remained busy in removing Mst. Nafeesa to D.H.Q. Hospital, Layyah, the instant case against the petitioner was got registered by Mehboob Alam complainant by colluding with the local police. If the versions contained in the two F.I.Rs. are considered together, it becomes patently clear that the occurrence subject-matter of F.I.R. No.287 of 1996 had taken place earlier and Shahid petitioner might have chased Aftab Ahmad up to his house. It is further submitted that statement of Mst. Shagufta injured is extremely important to properly appreciate and understand the true facts. Her statement under section 161, Cr.P.C. has been referred to in support of his contention. On the contrary, learned counsel for the complainant has vehemently argued that the petitioner did not surrender soon after the occurrence and that the injuries were caused on vital part of Mst. Shagufta, therefore, he is not entitled to concession of bail. It is added that as per the record available on the file, F.I.R. No.286 of 1996 was recorded prior to F.I.R. No.287 of 1996. Learned counsel for the petitioner on legal plaint has argued that the petitioner had been admitted to bail by the learned Magistrate, therefore, learned Additional Sessions Judge had erred in cancelling the bail allowed to the petitioner. To controvert this assertion, the complainant's learned counsel has referred to both the orders of grant of bail and cancellation of bail to point out that the order passed by the Magistrate was not just and proper, therefore, the bail allowed to the petitioner was rightly cancelled by the learned Additional Sessions Judge.

3. Without resorting to any detailed appreciation of the facts and circumstances as enumerated above, I find that considering the versions contained in two F.I.Rs., the contention made by learned counsel for the petitioner is prima facie not without substance. His contention also finds support from the statement made by the petitioner soon after his arrest by the police. I had called for the police file and have gone through the version put forward by the petitioner at the earliest before the Investigating Officer. Keeping in view the admitted facts of the case that the petitioner's aunt Mst. Nafeesa Begum was murdered and Aftab Ahmad brother of Mst. Shagufta has been nominated as accused person and admittedly in both the cases motive for commission of the alleged offence is illicit liaison in-between Aftab Ahmad and Mst. Saima niece of the petitioner. The petitioner's plea for grant of bail is not without any material or substance and cannot be denied. The case of the petitioner considered with the above said background essentially becomes that of further inquiry. He is, therefore, entitled to concession of bail. Consequently, this petition is accepted and the petitioner is admitted to bail subject to his furnishing bail bond in the sum of Rs.1,00,000 (one lac only) with one surety in the like amount to the satisfaction of the trial Court/Illaqa Magistrate.

4. Before parting with the order, it may be observed that any observation or assessment of the evidence or material on record is purely of tentative nature and the same would not affect or prejudice the case of either party during trial. N.H.Q./S-96/L Bail allowed.