2008 PLP 714 (YLR)

KHAWAJA MUHAMMAD SHARIF, J.

Learned counsel for the petitioner, in support of this bail petition contends that the petitioner has falsely been involved in this case; that he is an employee of the Army Department and was present on his duty at the time of occurrence; that a Major and other relevant persons from the Army appeared before the police; that the police also collected evidence and thereafter on the ground of alibi he was found innocent and was placed in column No.2 of the challan; that the complainant has also filed a private complaint which is till pending and the next date is 25-1-2007 in both the cases; that the case of the petitioner is one of further inquiry and that the petitioner is entitled to the concession of bail.

2. On the other hand learned counsel for the complainant submits that the petitioner is named in the F.I.R., a specific role is attributed to him, at the time of occurrence he was not present on his duty because the distance between the place of occurrence and place of duty is twenty miles and he could have easily reached at the spot to' commit the murder of the deceased, there are two eye-witnesses to support the prosecution case, the offence falls within the prohibitory clause of section 497(1), Cr.P.C: and that the petitioner is not entitled to the discretionary relief of bail from this Court. Mr. Naseeruddin Khan Nayyar, the learned Additional Prosecutor General submits that the petitioner is named in the F.I.R. and on the basis of plea of alibi and placing his name in column No.2 of the challan, bail could not have been granted.

3. I have heard learned counsel for the parties, have given consideration to the submissions made at the bar and have also gone through the record.

4. According to the F.I.R. there are two accused persons in this case, namely, Muhammad Zamir petitioner and Khuda Bakhsh. Allegation against co-accused Khuda Bakhsh is that he fired a shot of .12 bore gun at Ali. Sher which hit on his back side of waist and left elbow while fire of petitioner hit inner side of thighs of the deceased. Petitioner was arrested in this case; no recovery was effected from him, his first version before the police was that he was present on his duty, he produced documentary and witnesses in support of his plea of alibi whereafter he was found innocent during the course of investigation and was placed in column No.2 of the challan. Complainant has also filed a private complaint in which preliminary evidence was recorded. Challan case and the said complaint case are now fixed for 25-1-2007. In the afore-referred circumstances, this Court is of the, prima facie, view that the petitioner has made out a case falling under subsection (2) to section 497, Cr.P.C. and is entitled to the concession of bail. Resultantly, this petition is allowed and the petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs. 1,00,000 with two sureties each in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court. It is made clear that if any hindrance is caused by the petitioner in the progress of' the trial or he intentionally absents himself from the learned trial Court on any date of hearing, the learned trial Court shall be at liberty to cancel his bail. H.B.T./M-567/L Bail granted.