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Petitioner: MUHAMMAD ASHRAF VS Respondent: StateHonorable Justice Mian Muhammad Najam-uz-ZamanKhalid Mian
2008 Y L R 1930
2008 Y L R 1930
[Lahore]
Before Mian Muhammad Najam-uz-Zaman, J
MUHAMMAD ASHRAF---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.9142-B of 2006, decided on 12th February, 2007.
Criminal Procedure Code (V of 1898)---
----S. 497---Penal Code (XLV of 1860), Ss.302, 324, 148 & 149---Bail, refusal of---Motive for the commission of offence was that under the decision of "Punchiat" tube-well of accused was removed from the land owned by the complainant party and accused and his co-accused had grudge against the complainant in that regard---Precise allegation against accused was that at the relevant time he instigated his co-accused (his real sons) to fire at deceased to get revenge against the complainant party for the insult caused by them due to the removal of said tube-well---Prima facie presence of accused at the relevant time seemed to be plausible---Another ground taken up by counsel for accused seeking bail was the age of accused as well as his ailment, but report submitted by the Medical Officer, revealed that age of accused was 60/65 years; and that though he was a T.B., patient but he was being treated in the jail---No ground for grant of bail having been made out, his bail application was dismissed.
Khalid Mian for Petitioner.
Khalid Masood Chaudhry for the Complainant.
Mian Abdul Qayum Anjum for the State with Riaz S.-I.
ORDER
MIAN MUHAMMAD NAJAM -UZ-ZAMAN, J.---Seeks post-arrest bail in case F.I.R. No. 124 of 2006, dared 15-6-2006 for the offence under sections 302/324/148/149, P. P. C, registered at Police Station Qilla Kalarwala, District Sialkot, on the grounds that petitioner is about 70 years and an ailing person, the role attributed to the petitioner is that of raising Lalkara which is normally attributed to the elders to involve all the male members of the same family, petitioner did not cause any injury to the deceased petitioner is behind the bars since 24-6-2006, investigation to the extent of the petitioner is almost complete and he is no more required for the said purpose. Conversely, counsel for the complainant submits that motive for the occurrence is attributed to the petitioner because the tube-well of the petitioner was removed from the land owned by the complainant in view of the decision of "Punchiat" which annoyed the petitioner and that on the day of occurrence he being the father raised commanding Lalkara instigating his co-accused (sons) to take revenge from the complainant party as a result of which his sons (co-accused) made firing and committed the murder of Ghulam Nabi (deceased). Submits that in the circumstances participation of the petitioner stands established from the data available on the record. It is further submitted that two co-accused of the petitioner who had actively participated in this occurrence are fugitive from law.
2. Heard. File perused.
3. Bare perusal of the F.I.R. reveals that the motive for the commission of offence was that under the decision of `Punchiat' tube-well of the petitioner was removed from the land owned by the complainant party and the petitioner and his co-accused had grudge against the complainant in this regard. Precise allegation against the petitioner is that at the relevant time he instigated his co-accused (his real sons) to fire at Ghulam Nabi to get revenge with the complainant party for the insult caused by them due to the removal of the said tube-well and in this view of the matter prima facie presence of the petitioner at the relevant time seems to be plausible. Another ground taken up by learned counsel seeking post-arrest bail is the age of the petitioner as well his ailment but the report submitted by the Medical Officer, District Jail, Sialkot reveals that age of the petitioner is 60/65 years and that though he is a patient of T.B. But he is being treated in the jail hospital. No ground for bail is made out. Dismissed.
H.B.T./M-138/L Bail refused.