1993 P Cr (PLP)

Naveed Shahr Yar for the Complainant. M. Saleem Shad for the State. Vide F.I.R. No.34, dated 15th of April, 1993 Police Station Jalalpur Jattan, District Gujrat registered a case under section 295-A, P.P.C. against the petitioner Saeen Abdul Ghani son of Fazal Din wherein, it was alleged that the petitioner Saeen Abdul Ghani was outraging the religious feelings of the area. F.I.R. further disclosed that the petitioner Saeen Abdul Ghani dissuaded the people from saying "Adam-o-Alaikum". It is further stated in the F.I.R. that according to the petitioner Saeen Abdul Ghani, there was no need of any Nikah in accordance with Muslim rites. It is further mentioned that the petitioner Saeen Abdul Ghani proclaimed that Almighty God and the Holy Prophet (peace be upon Him) are nobody. It was also submitted that it was not necessary to keep fasts during the month of Ramazan.

2. On the basis of those allegations, the aforesaid case was registered, and the petitioner Saeen Abdul Ghani was arrested. His bail application was rejected by the Courts below, and thus, the jurisdiction of this Court has been invoked.

3. I have heard the learned counsel appearing from both sides at length, and have gone through the entire material available on the file. A number of persons from the side of the petitioner as well as of the complainant have entered appearance. I have examined many of them. To my mind it seems to be a clash of personality and clash of belief. From the complainant side three persons have appeared and stated that their' sons have become Murids (disciples) of the petitioner Saeen Abdul Ghani, and they have abandoned the preaching of Islam. The aforesaid sons are present in Court. They are educated boys studying in college. Before this Court they acknowledge that they are Muslims, they offer their prayers regularly, and have recited the Kalma. From the complainant side, the bulk of evidence consists of hearsay.

4. It has come to light that near the Aastana of Saeen Abdul Ghani (petitioner) there is a street in which one Haji Bashir Ahmad is trying to open a door, and the petitioner Saeen Abdul Ghani had restrained him from doing so, which also became the bone of contention between the two sides.

5. After examining the various persons from the accused side it has come to light that the petitioner Saeen Abdul Ghani is a follower of Chishtia. Nizamia and Qadriya line of mysticism, and the allegations attributed to the petitioner have vehemently been denied by the witnesses and his affidavit. Without further going into the merits of this case, C am of the view that it is the function of the trial Court to determine the guilt or otherwise of the, petitioner. In my view further detention of the petitioner is not warranted by law; hence, I direct that the petitioner shall be released on bail subject to his furnishing bait bonds in the sum of Rs.25,000 (twenty-five thousand) with one surety in the like amount to the satisfaction of Assistant Commissioner, Gujrat.

6. The prosecution agency is directed to submit the challan forthwith, and the trial Court shall proceed with this case as expeditiously as possible N.H.Q./A-427/C Bail allowed.