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Petitioner: MAQSOOD AHMAD VS Respondent: THE STATE
2001 M L D 305
2001 M L D 305
[Lahore]
Before Khawaja Muhammad Sharif, J
MAQSOOD AHMAD‑‑‑Petitioner
versus
THE STATE‑‑‑Respondent
Criminal Miscellaneous No.3894‑B of 2000, decided on 26th October, 2000.
Criminal Procedure Code (V of 1898)‑‑‑‑
‑‑‑‑S. 497‑‑‑renal Code (XLV of 1860), S. 302‑‑‑Bail, grant of‑‑‑Delay in recording of statement under S. 161, Cr.P.C.‑‑‑Statements of two witnesses were recorded by police six years after the registration of F.I.R.‑‑‑Accused was arrested on the basis of such statement‑‑‑No explanation had, been given by the two witnesses for remaining silent for six years‑‑‑Case being that of no evidence bail was allowed in circumstances.
Munir Ahmad Bhatti for Petitioner. Kh. Shaukat Ali for the State.
ORDER
F.I.R. in the instant case was lodged by Iftikhar Ahmad for the murder of his brother Muhammad Javaid. Allegation according to the F.I.R. were that one Munawar alongwith his co‑accused were standing on the road on 4‑11‑1994 at 8‑00 p.m. They fired at the bus two shots, one hit on the body of the bus and the other on the tyre of the bus. Thereafter, one Munawar who is specifically named in the F.I.R. by the complainant fired a shot which hit Muhammad Javaid the real brother of the complainant sitting in the bus, who died. Petitioner and his two co‑accused namely, Asghar and Ghulam Mustafa were arrested by the police and now they are on bail. According to the police report another co‑accused not named in the F.I.R. is P.O. After six years of the occurrence i.e. on 11‑3‑2000 one Bashir Ahmad made a statement under section 161, Cr.P.C. which I have gone through and it is in the shape of extra‑judicial confession, in which it was stated that Ghulam Mustafa had admitted that he had killed Muhammad Javaid but in the later part of the statement it is stated that. Maqsood Ahamd fired with his rifle which resulted into an injury to a person whose name was known to be Muhammad Javaid later on. Iftikhar Ahmad complainant also made a similar statement on 11‑3-2000 being a supplementary statement stating same facts as stated by Bashir Ahmad.
2. Learned counsel for the State is not in a position to say anything in this case.
3. It is very unfortunate that on 4‑11‑1994 occurrence took place and on 5‑11‑1994 F.I.R. was lodged in which one Munawar Ahamd was specifically named by Iftikhar Ahmad; the real brother of Javaid deceased that he fired a fatal shot to Muhammad Javaid deceased. After six years these two statements have been recorded by Qasim Bokhari DSP, Sheikhupura, CIA, Staff, on the basis of which the petitioner has been arrested.
4. In my view it is a case of no evidence as far as against the present petitioner is concerned. No explanation has been given by the two witnesses namely Bashir Ahmad, father‑in‑law of Javaid deceased and Iftikhar Ahmad brother of the deceased that for what reasons they remained silent for six years. In this view of the matter, this petition is accepted and the petitioner is allowed bail in the sum of Rs.10,000 with one surety in the like amount to the satisfaction of trial Court.
Q.M.H./M.A.K./M‑388/L Bail granted.