1986 P Cr (PLP)

Masud‑ul‑Hassan Sabri for the State. Date of hearing: 16th October, 1985. Muhammad Aslam petitioner has moved this petition for bail in a case registered against him and others under sections 148/379 and 302/149, P.P.C. The prosecution version is that on 24th March, 1985 at 6 a.m Asmat Ullah, Shera, Ghulam Raze, Ghulam Abbas, Atta Muhammad and Muhammad Aslam petitioner, all armed with guns, caused injuries to Muhammad Safdar with the butts of their guns. Thereafter, the accused persons rushed to the dera of Nur Muhammad situate at a distance of one and a half killas from place where Muhammad Safdar was injured. Co‑accused Asmat Ullah and Shera got on the roof of the Kotha of Nur Muhammad from its backside. Co‑accused Ghulam Raze, Ghulam Abbas, Ata Muhammad and Muhammad Aslam petitioner took positions in a watercourse. Asmat Ullah raised a Lalkara, upon which Nur Muhammad deceased came out of the Kotha. Muhammad Aslam petitioner and Ghulam Abbas fired at him hitting his left chest. Then Shera fired at him hitting his left chest. In the meantime Nur Muhammad took his licensed gun and fired towards Asmat Ullah who was on the roof top. Then Asmat Ullah fired at Nur Muhammad and he fell down and died at the spot. On hearing the alarm Muhammad Ramzan came running to the Dera. When he reached near the watercourse, Ghulam Raze fired at him hitting his right thigh. He, too, died at the spot. Thereafter, the accused persons left the spot firing in the air. The motive for the occurrence was that the complainant party was in possession of twenty‑seven squares of State‑land since 1911‑12 and many cases were pending between the parties in the Board of Revenue and other forums. It is alleged that the accused persona attacked the complainant party to take forcible possession of the land. 2, Learned counsel for the petitioner contends that the petitioner was found innocent during the investigation by as many as four investigation Officers and shown in column No. 2 of the challan, therefore, he is entitled to the concession of bail. Learned counsel for the State has opposed the prayer for bail. He submits that a specific role of causing injuries to Nur Muhammad deceased has been attributed to the petitioner therefore, no ground for bail is made out.

3. I have gone through the record. The case was firstly investigated by Khizar Hayat, Inspector, who came to the conclusion that Muhammad Aslam petitioner was not involved in the case and was innocent. Thereafter, the case was investigated by Sana Ullah, D.S.P./S.D.P.O. Shahpur. As many as one hundred and seventeen persons, including respectables of the area, appeared before him to plead innocence for the petitioner. He also declared the petitioner to be innocent and directed the S.H.O. to place him in column No. 2 of the challan. Accordingly, the petitioner was shown in column No,

2. Having gone through the record, I find that the opinion of the police officers is based on sufficient material. I therefore, feel inclined to the view that a case for his enlargement is made out. Accordingly, he is admitted to ball in the sum of Rs.50,000. with two sureties in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Shahpur. S.G.D. Bail granted.