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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD SIDDIQUE VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 1319
[Lahore]
Before Afrasiab Khan, J
MUHAMMAD SIDDIQUE and others‑‑Petitioners
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No. 161/B of 1988, decided on 3rd February, 1988.
Criminal Procedure Code (V of 1898)‑‑
‑‑S. 497‑‑Penal Code (XLV of 1860), Ss.302 & 148/149‑‑Bail, grant of‑‑Two different versions of occurrence‑‑Both challaned Accused found innocent by police and placed in column No.2 of challan‑‑Finding of police prima facie unexceptionable‑‑Bail granted in circumstances.
Ch. Arshad Mahmood for Petitioners.
Abdul Moied for the State.
Date of hearing: 3rd February, 1988.
ORDER
This application for the grant of bail has been moved on behalf of Muhammad Siddique and Gulzar Ahmad alias Tari, petitioners, who with others have been challaned under sections 148, 302 and 307 read with 149, P.P.C. in case F .I . R . No. 350, dated 9‑6‑1987 registered at Police Station Saddar, Sheikhupura.
2. Mst. Surayya Begum lodged report with the police on 9‑6‑1987 that on the same morning her husband Idrees was done to death by Muhammad Shafi, Gaman, Yaqoob and Ashraf by firing at him with the help of Ghulam Nabi and Shah Muhammad who were empty‑handed. During investigation, the same day, one Muhammad Hussain stated before the police that he had obtained land from Muhammad Shafi and Ghulam Nabi in village Ammoke on lease at the rate of Rs.1,000 per acre per year. He, in the company of Muhammad Shaft, Ghulam Nabi, Muhammad Yaqoob, Arshad, Yousaf, Malik and Hashmat had gone to that land for ploughing. Idrees deceased joined them. Meanwhile they were fired at from the side of Gujjers' Dera. They identified the two petitioners, namely, Muhammad Siddique and Gulzar Ahmad alias Tari alongwith Abdul Hameed absconder, Rafique and Shafi were firing at them from the roof of their house. The shot fired by Abdul Hameed absconder and Gulzar Ahmad alias Tari petitioner hit Muhammad Yaqoob while the shot fired by Rafique son of Ahmad hit Muhammad Idrees who died on the spot and the shot fired by Muhammad Siddique petitioner caused simple injury to Shah Muhammad P.W. On the basis of two counter‑versions two challans have been put in Court. Both the petitioners, according to the police, have been declared innocent and placed in column No.2 of the challan.
3. Learned counsel appearing on behalf of the State submits that the findings of the police as to petitioners' innocence is prima facie unexceptionable and, therefore, he does not oppose the petition.
4. In the circumstances, I feel inclined to allow this petition. The petitioners are directed to be released subject to their furnishing bail bonds in the sum of Rs.30,000 with two sureties each in the like amount, each to the satisfaction of A.C. /Duty Magistrate, Sheikhupura.
S.A./M‑684/L Bail granted.