1997 P Cr (PLP)

The alleged incident took place on 20-5-1996 at 12-20 p.m. and the report was made the same day at 12-45 p.m. by A.S.-I. Safdar Ali, Incharge Police Post Gilgit, under section 307/338/109, P.P.C. and the Murasila was sent to the Police Station Gilgit, whereon its basis case was registered by Ali Sher, D.S.P. the then Station House Officer, Gilgit. As per F.I.R. Abdul Hanan, H.C. was present outside the gate of Police Post Gilgit, when at the relevant time, he heard reports of two fire shots. On looking towards the direction of fire shots, he found Muhammad Afzal son of Ali Oust was hit with the fire shots and accused Muhammad Suleman son of Liaqat Ali holding a .30 bore pistol in his hand fled away towards Pul Road. Abdul Hanan, H.C. chased the accused and near the shop of one Muhammad Hussain in the Sabzi Mandi, he overpowered the accused and also snatched .30 bore pistol alongwith four live rounds. In the meantime; A.S.-I. Amirullah, H.C. Amirzada, Sultan Mahmood and Farman Wali F.Cs. also arrived at the spot. The accused was arrested and brought to the Police Post. Apart from Muhammad Afzal, one passerby was also hit by the fire shots of accused Suleman. The injury sheets of both Muhammad Afzal and Ghulam Murtaza were prepared and were sent to Civil Hospital, Gilgit for treatment.

2. Motive for the offence as given in the Murasila is that Mst. Gul Lalla, mother of Liaqat Ali, father of accused/petitioner was in the Nikah of one Muhammad Wali father of Liaqat Ali about 30 years ago. The said Muhammad Wali divorced Mst. Gul Lalla who was married by Muhammad Afzal injured. Liaqat Ali father of accused/petitioner got, a Shari Fatawa that as his father Muhammad Wali was insane, so he could not divorce his wife Mst. Gul Lalla. Liaqat Ali and Muhammad Afzal fell out and they were challaned to the Court and were bound down under section 107/151, Cr.P.C. It is further stated in the Murasila that at the instance of Liaqat Ali, his son Muhammad Suleman accused/petitioner fired at Muhammad Afzal, as a result he sustained fire-arm injury and likewise a passerby namely Ghulam Murtaza was also hit.

3. Arguments were heard pro and contra in detail and the record of the case was also perused.

4. It is a fact that Muhammad Suleman accused/petitioner is a school going student and his age at the time of occurrence was 16 years. It is evident from the Murasila as well as from the statement of Mst. Gul Lalla recorded under section 161, Cr.P.C. by the police, that the accused /petitioner had fired at Muhammad Afzal at the instance of his father Liaqat Ali.

5. Keeping into consideration the fact that the accused/petitioner is a teen ager and a school-going boy, besides he has remained in the judicial lock-up for 5 months and 14 days, he is a first offender and there is no previous conviction to his credit, over and above the et-accused Liaqat Ali has already been granted bail by the Sessions Judge, Gilgit,

6. In view of the aforesaid discussion, without going deep into the merits of the case, I deem it fit and proper in the interest of justice, to allow bail to the accused/petitioner, subject to his furnishing bail bond in the sum of Rs.20,000 with two sureties each, in the like amount to the satisfaction of any Magistrate 1st Class, Gilgit. N.H.Q./22/Gilgit Bail allowed.