1986 PLP 1832 (MLD)

This bail petition has been moved on behalf of Bashir Ali son of Ahmad Ali, caste Khokhar, a police Constable who is accused of having committed the murder of Matloob (deceased). on 18-8-1984.

2. Muhammad Mahboob (complainant) reported at Police Station Lytton Road, Lahore, on 20-8-1984 that his brother Matloob (deceased) was friend of one Mirza Siddiq whose son namely Bhola was a bad character. The deceased at the invitation of Mirza Muhammad Siddiq visited his house to participate in Niaz (function for distributing alms) when at 11-00 a.m. there came Head Constable Ali Raza and the petitioner Bashir Ali constable and arrested him (deceased) mistaking him as Bhola despite former's protest that he was not Bhola. He was then carried to the police station where he died on account of torture by the police, the same day.

3. It may be mentioned here that Head Constable Ali Raza, co-accused of the petitioner recorded F.I.R. No.264/84 on 18-8-1984 under section; 13 of the Arms Ordinance, mentioning therein that he and the petitioner were going to raid the deceased for recovering illicit arms from him. Accordingly they arrested the deceased and interrogated him Head Constable Al i Raza jotted down a report in the Roznamcha of the Police Station at about 6 p.m. on the very day that he was about to take the deceased for pointing out the place for recovery of illicit arms, when his condition started deteriorating. He served him water and milk, but he did not recoup and died immediately.

4. The dead body of Matloob was sent under police escort for post-mortem cross-examination, which was carried out, on 19-8-1984. The doctor found multiple bruises on the back side of left shoulder, left and right side of buttocks and back side of the neck and opined that they were caused with blunt weapon and were simple in nature. A Board of doctors carried out second post-mortem examination on 20-8-1984. In the opinion of the Medical Board, the deceased died of vaso-vagal inhibition caused by torture. In this opinion, the instant case appears to have been registered.

5. During investigation, Syed Tariq Javid, Mahmood Alam Khan and Yusuf Khan P.Ws. stated that they heard cries from within a room of the police station. They opened the door and saw the deceased being tortured by policemen, while Shabbir Hussain P.W. stated that in his presence police took Matloob from the house of Siddiq. But none of them named the petitioner particularly to be present at that time or to have inflicted any injury to the deceased, excepting constable Muhammad Rashid who stated that the deceased remained in the custody of the petitioner and his co-accused Ali Raza, till he died, but he too did not say that the petitioner had beaten/tortured the deceased.

6. The petitioner allegedly absconded after the occurrence and was arrested on 4-2-1986. It is stated that the trial in the case would commence in the near future. It may also be mentioned that the complainant filed a private complaint adding up Mujahid Abbas S.I. as co-accused of the petitioner in the case, but the same has been dismissed and revision against the order of dismissal is pending in the High Court.

7. The petitioner having remained unsuccessful in obtaining bail from the lower Court, has approached this Court for the same relief.

8. I have heard learned counsel for the petitioner as well as for the State and the complainant and perused the relevant record.

9. None of the cited eye-witnesses have stated that the petition had arrested the deceased and brought him to the police station. There is no direct evidence showing that the petitioner had inflicted injuries on the person of the deceased None of the injuries found on the person of the deceased has been declared either grievous or apparently dangerous to life and none of the injuries is seated on any vital par of the body of the deceased.

10. In view of the above narration, without expressing on merits of the case, prima facie I am of the view that there do not exist reasonable grounds to believe that petitioner is guilty of committing the offence of murder. Consequently I would allow this petition and direct that he be released on bail on furnishing bail bonds in the sum of Rs.25,000 with two sureties, each in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Lahore. M.Y.H Bail granted.