2009 PLP 1150 (YLR)

ABDUL SATTAR GORAYA, J.

Through this petition, the petitioners seek post-arrest bail in case F.I.R. No.394/2007, dated 24-10-2007, registered under sections 302/148/149/109/337-H(ii) at Police Station Saddar Bahawalnagar. The said F.I.R. was registered on the statement of Muhammad Anwar son of Ata Muhammad. In the previous round of litigation, bail after arrest was dismissed by my learned brother Rana Zahid Mahmood J. vide order dated 4-6-2008 passed in Criminal Miscellaneous No.148-B of 2008. The judgment on first impression reveals that my learned brother attended to every aspect of the case minutely and made order in aforenoted criminal petition in detail.

2. Learned counsel for the complainant assisted by learned Deputy Prosecutor-General took a preliminary objection that their first application was dismissed on merit and after order dated 4-6-2008 no fresh evidence is available. Further states that the petitioner has been nominated in the F.I.R. with a specific role and prompt F.I.R. was lodged. In a motive part, it has been explained that there was a disputed between the parties over the landed property and the parties were engaged in serious rift over the transaction of exchange. 2-A. I have heard the learned counsel for the parties and perused the record minutely.

3. In this case first investigation was conducted by Akmal Manzoor S.-I. who declared the petitioners to be innocent of the charge. Second investigation was conducted by Abdul Majeed S.S.P. Range Crime Bench, Multan, who came to the conclusion that he has not been able to dig out the truth and if the witnesses are joined in the investigation something can be done for further progress of the case. Against the order dated 4-6-2008 passed in Criminal Miscellaneous No.148/B of 2008 Muhammad Murad, Akram and Allah Bukhsh went up in criminal petition for leave to appeal No.244-L/2008. After considering the facts and circumstances of the case, the bail was granted to all three persons mentioned above on 18-9-2008. The concluding paragraph of the judgment of the apex Court reads as under:-- "The occurrence allegedly took place at 2-00 a.m. and 17 persons were accused in the F.I.R. The deceased received six injuries, out of which three were sharp edged wounds whereas seven out of seventeen accused were armed with hatches. Admittedly, petitioners are neither connected with the motive part of the story nor were they attributed any specific injury to the deceased petitioners were declared innocent in three successive investigations including the one conducted by the Range Crime, Multan."

4. In my assessment, there is no change in the circumstances of the case so far as the investigation conducted later on by Riaz Ahmad S.-I. is concerned.

5. Learned DPG has invited my attention to the order dated 12-11-2008 passed by my learned brother Zubda-Tul-Hussain J., in Criminal Miscellaneous. No.1525 of 2008/BWP, that after the judgment of the Supreme Court of Pakistan, the petitioners previously filed bail application but the same was withdrawn. After passing the order dated 12-11-2008, fresh evidence is not available on the basis of which third petition could be filed. I have carefully perused the order dated 12-11-2008 which in terms provided that the learned counsel for the petitioner without opening the arguments withdrew the Criminal Miscellaneous. No. 1525/B/2008 and the right was reserved to repeat the petition on the same or fresh ground.

6. Respectfully following the judgment dated 18-9-2008 of the august Court passed in C.P. No.244-L/2008, the petitioners are admitted to bail after arrest to their furnishing bail bonds in the sum of Rs.1,00,000 each with two sureties each in the like amount to the satisfaction of the learned trial Court. H.B.T./M-131/L????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.