2005 PLP 714 (MLD)

This is a post-arrest bail in a case F.I.R. No.430 of 2003 dated 27-11-2003 under sections 302/148/149 P.P.C. registered at Police Station Jalalpur Bhattian District, Hafizabad.

2. Brief facts as narrated in the F.I.R. are that the complainant Mehdi Hassan along with Tariq Mehmood alias Ajmal, Shaukat Ali and Haji Riasat Ali proceeded to village Hussake to see Sikandar son of Noor Muhammad. When they reached Hussake and met Sikandar in the meanwhile Riaz Ahmad armed with rifle, Alamgir armed with 7MM rifle, Ahmad Faraz alias Mamoon armed with rifle, Inayat armed with .222 bore rifle. Umer Hayat armed with 222 bore rifle, Sarfraz armed with 12 bore rifle and Qaiser alias Qaisri armed with 8MM rifle came there. Upon which they started firing and Ahmad Faraz alias Mamoon fired which hit Tariq Mehmood alias Ajmal on his chest near the neck and he fell down and died at the spot.

3. Petitioner applied for bail after arrest in the Court of learned Addl. Sessions Judge, Pindi Bhattian which was declined vide order dated 30-10-2004, hence this petition.

4. Learned counsel for the petitioner submits that this case has been registered against the petitioner due to enmity, the only role attributed to the petitioner is of ineffective firing. He further contended that the petitioner is innocent and involved falsely in this case as he is real brother of accused Ahmad Faraz alias Mamoon. That the petitioner is behind the bars for the last about ten months and no more required to the Investigating Agency. He has relied on "Muhammad v. The State" (1998 SCMR 454) and "Faraz Akram v. The State" (1999 SCMR 1360).

5. On the other hand learned State counsel assisted by the learned counsel for the complainant submit that the petitioner/accused is nominated in the F.I.R., case of the petitioner/accused is of vicarious liability, the challan in this case was submitted to the Court of competent jurisdiction on 9-10-2004 and the petitioner/accused was arrested on 19-2-2004 and that the case of the petitioner/accused falls within the ambit of prohibitory clause of section 497 Cr.P.C.

6. I have heard the learned counsel for the parties and perused the record carefully. Joint allegation of ineffective firing has been attributed to the petitioner/accused. The challan in this case was submitted to the Court of competent jurisdiction on 9-10-2004. The petitioner/accused is in the judicial lock-up for the last 10 months. No overt act was allegedly ascribed to the accused/petitioner except of ineffective firing which also stood disproved because no empty was recovered from the spot. Fatal shot was attributed to co-accused namely Ahamd Faraz alias Mamoon and the question of vicarious liability of accused could be determined at the trial. Further more, in the F.I.R. he is alleged to be armed with a pistol and during investigation a rifle is stated to have been recovered from the petitioner/accused, which is of no significance, therefore, case against the accused/petitioner is of further inquiry.

7. In this view of the matter the petitioner is admitted to bail subject to furnishing his surety bond in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of learned trial Court. N.H.Q./S-277/L Bail allowed.