2003 PLP 2541 (YLR)

Ijaz Baig Mirza for Petitioner. Ch. Pervez Aftab for the Complainant. Mian Abdul Ghafar Sial for the The petitioner seeks post-arrest bail in a case registered vide F.I.R. No.151 of 2002 dated 19-4-2002 under section 302/34, P.P.C. at Police Station City, Burewala, District Vehari.

2. The above-referred case was registered on a written application of Muhammad Hanif, the complainant, alleging therein that his son Mazhar Saeed was killed by Anwar Farooq son of Abdul Jabar with his Rifle alongwith an unknown person armed with Pistol.

3. Arguments heard. Record perused.

4. It could not be denied that the petitioner was not even named in the F.I.R. and it was stated therein by the complainant that within his view, Muhammad Anwar Farooq son of Abdul Jabar fired on his son Mazhar Saeed with his Rifle which hit him below the left arm-pit, who breathed his last then and there. In the meanwhile said Anwar Farooq alongwith an unknown person slipped away from the place of occurrence alongwith their respective weapons and the motive was also alleged against said Muhammad Anwar Farooq to the effect that his previous wife Mst. Shaheen Yasmin after having obtained divorce from him through a Court of law, married with the deceased Mazhar Saeed. When confronted with this story of the complainant, it is stated by the learned counsel for the complainant as well as the State that the complainant was in a state of shock because of brutal murder of his son, therefore, he could not give a true account of affairs, however, on the same day, he got recorded his supplementary statement and submitted that in fact, the present petitioner was responsible for the murder of his son with a Rifle and the motive attributed to him was to the effect that his deceased son was earlier marred to Mst. Nasim Akhtar daughter of Bashir Ahmad and during the subsistence of this marriage, his son married Mst. Shaheen Yasmin and said Mst. Nasim Akhtar had developed illicit relations with her brother-in-law namely Abdul Aziz whereupon his deceased son asked the said Abdul Aziz not to come to his house. He has also instructed his wife not to visit the house of said Abdul Aziz. This has caused annoyance to her who after having consulted her nephew Muhammad Adrian (petitioner) had given the Rifle .222 owned by the deceased Mazhar Saeed to the petitioner who killed him. Both the versions given in the F.I.R. and the supplementary statements are absolutely in conflict with each other. Even the report of the Forensic Science Laboratory regarding the Rifle used in the occurrence advantageously by the petitioner is behind the bars for the last more than 6 months.

5. From the above, I have gathered an E impression that the case of the petitioner falls within the ambit of further inquiry in the context of section 497(2), Cr.P.C. Resultantly, instant petition is allowed by admitting the petitioner to post-arrest bail subject to furnishing bail bonds in the sum of Rs.2,00,000 (Two lac) with two sureties each in the like amount to the satisfaction of the learned trial Court. H.B.T./M-1746/L Bail granted.