1994 P Cr (PLP)

Shah Ahmad Khan Baloch for Petitioners. Najam-uz-Zaman, AA. -G. for the State. Date of hearing: 28th March, 1994. The petitioners who are involved in a case under section 302/148/149, P.P.C. arising out of F.I.R. No.269/92, dated 20-11-1992, registered at Police Station Bahlak, District Faisalabad, seek to be admitted to bail.

2. The brief facts as contained in the F.I.R. are that the petitioners' co accused Ghulam Oadir and Liaqat caused the murder of Mst. Shahnaz Bibi and Mst. Inayat Bibi with rifles whereas the petitioners fired ineffectively on the P.Ws.

3. The learned counsel for the petitioners contended that it is a case of two versions in which both the parties received injuries at the hands of each other and the allegation against the petitioners is that they have ineffectively fired at the deceased and they are not vicariously liable for the act of the principal accused under the provisions of sections 148 and 149, P.P.C. As the fight took place all of a sudden and the possibility cannot be ruled out that they might have been involved on account of enmity, as out of 13 persons named as accused the police during the investigation found 9 persons innocent which creates doubt about the veracity of the F.I.R. and the involvement of the petitioners in this case, hence the petitioners are entitled to bail in spite of .the fact that the case against them falls within the prohibitory clause.

4. The learned Law Officer assisted by the Police Officer, has opposed this bail application on the ground that the allegation against the petitioners is that they were present at the place of occurrence and their co-accused Ghulam Qadir and Liaqat Ali cause murder of Mst. Shehnaz Bibi and Mst. Inayat Bibi, hence there exists reasonable ground to believe that they are involved in a case which falls within the prohibitory clause, so they are not entitled to the grant of bail.

5. After hearing the learned counsel for the parties and perusing the record, I find great force in the submission of the learned counsel for the petitioners as no effective firing has been attributed to the petitioners and in the presence of finding of the police that out of 13 accused persons only 4 have been found involved in this case, the possibility cannot be ruled out that the petitioners might have been involved falsely in this case on account of motive mentioned in the F.I.R. itself, hence the case against the petitioners is one of further inquiry, so the petitioners are admitted to bail provided they furnish bail bonds in the sum of Rs.50,000 (Rupees fifty thousand only) with own surety each in the like amount to the satisfaction of the A.C., Sammundari, N.H.Q./R-160/L Bail allowed.