1977 P Cr (PLP)

Criminal Procedure Code (V of 1898)

S. 498‑Unlawful hand‑grenades neither recovered from possession of petitioners nor from complainant but produced by a chaukidar at police station, disclosing having been handed over to him by petitioners‑However, nothing clear as to how chaukidar came by disputed hand‑grenades‑Bails granted, in circumstances of case. Muhammad Ismail for Petitioner. S. M. Wahab for the State. The present case was registered on the statement of Bashir Ahmad on 10‑6‑1976 at 5‑30 p.m. The complainant disclosed in the F. I. R. that Dildar and Jabbar petitioners caught hold of him from the shop of Inayat and took him to their house where their father Ghulam Rasool was also present; that the three petitioners gave beating to him (complainant) and thereafter Ghulam Rasool petitioner brought two hand‑grenades and he put one into his pocket (complainant's pocket} and the other on the cot; that his both hands were tied down and in order to create evidence Ghulam Rasool left to bring Lambardar and chaukidar of the village; that Dildar and Jabbar petitioners scattered their clothes within the room in order to show that he (complainant) had gone there to commit theft. 2. Prior to the registration of the case, Hashmat Ali, Chaukidar, got a case registered at Police Station, Renala Khurd. According to Hashmat Ali, the complainant Bashir Ahmad had gone to the house of the petitioners to commit theft and was carrying two hand‑grenades. The chaukidar had disclosed that the two hand‑grenades had been given to him by Ghulam Rasool and the Lambardar for taking the same to the Police Station. After the registra tion of that case, the police reached the spot and found Bashir Ahmad in an injured condition. The police registered the present case on his statement. It. is' clear from the F. I. R. that the hand‑grenades had neither been recovered from the possession of the petitioners nor from the possession of Bashir Ahmad, complainant. It is not clear as to why those hand‑grenades were given to the Chaukidar. After the same had been planted on Bashir Ahmad complainant, the petitioners could send the chaukidar for the registration of the case indicating that the complainant had coma to their house in order to commit theft and was in possession of the hand‑grenades. After having, considered the merits of the case, I allow bail to the petitioners in the sum of Rs. 5,000 with one surety each in the like amount to the satisfaction of Deputy Registrar (Judicial). The Investigating Officer is directed to submit the challan before the special Court by an early date. Petition allowed.