Full Judgment Text & Judicial Ruling

2003 P Cr

2003 P Cr. L J 1065

[Lahore]

Before M. Naeemullah Khan Sherwani, J

MUHAMMAD IQBAL---Petitioner

Versus

THE STATE---Respondent

Criminal Miscellaneous No.55/B of 2003, decided on 20th January, 2003.

Criminal Procedure Code (V of 1898)---

----S. 497---Penal Code (XLV of 1860), Ss. 302/324/337-A(i)/337-F(i), (iii)/34/109---Bail, grant of ---F.I,R. was lodged promptly---Both sides being fully acquainted with each other, there was no doubt with regard to identity of the assailants---Not only the complainant, but prosecution witnesses had also wholeheartedly supported F.I.R. version during course of investigation---Injured prosecution witness who was brother of the deceased, was not expected to make a false statement implicating the accused wrongly for murder of his real brother---Opinion of the police, was no legal evidence in the case---Plea of innocence of the accused, was to be scrutinized by the Trial Court after recording of some material evidence in the case---Prima facie reasonable grounds appeared for believing that the accused was guilty of an offence punishable with death or imprisonment for life ---Challan in the case had already been submitted before the Trial Court after making addition of S.324, P.P.C. in the list of offences---In absence of good reason to allow bail to the accused, application for bail filed by the accused, was dismissed being meritless.

C.M. Sarwar for Petitioner.

A.H. Masood for the State.

Date of hearing: 20th January, 2003.

ORDER

Petitioners alongwith others stand involved in case F.I.R. No.282, dated 12-5-202, under sections 302/337-A(i)/337-F(i), (iii)/324/34 read with section 109, P.P.C., registered with Police Station Factory Area, Lahore at the behest of Mst. Siddiquan Bibi, wife of Abdul Karim.

2. Occurrence of the alleged incident took place near beetle leaves of Mushtaq, situate at a distance of one kilometre from police station concerned. The said occurrence was reported to the police on the same day at 2-45 p.m. by, the complainant. Muhammad Iqbal-petitioner and Haji were allegedly armed with mausers, whereas Ilyas alias Bill (proclaimed offender) was carrying pump action gun and Mst. Shahnaz Bibi was empty-handed. Muhammad Iqbal petitioner and Ilyas set at the task of firing at Iftikhar son of the complainant, thus producing wounds at his facial. and chest region. Mushtaq also sustained pellet injuries because of firing from pump action Iftikhar succumbed to his injuries instantaneously at the spot.

3. On being arrested on 29-6-2002, Muhammad Iqbal petitioner preferred his application for his post-arrest bail before learned Sessions Judge, Lahore who made over the same to a learned Additional Sessions Judge for adjudication purposes. The said learned Judge by virtue of his order dated 1-10-2002, after fullest evaluation of facts and circumstances revolving around this matter, dismissed his application on the basis of multifarious reasons contained in the order itself. Earlier bail application of the petitioner bearing Criminal Miscellaneous No.6879/B of 2002 was dismissed as withdrawn on 24-10-2002. Now he has again approached this Court by filing the instant- petition seeking same relief.

4. Learned counsel for the petitioner forcefully argues that the petitioner was found innocent by the police during course of investigation and for that reason his case falls under, subsection (2) of section 497, Cr.P.C. being that of further inquiry. Adds that the F.I.R. contains a distorted version of the occurrence and as a matter of fact actual manner and mode of occurrence was dishonestly withheld by the complainant side. He submits that the petitioner stood involved in this false case wrongly because of long-standing enmity prevailing in between the two sides and is best entitled to the grant of bail.

5. Conversely, learned counsel for the State submits that it is a day time occurrence, that there is no material dispute with regard to date, time and place of occurrence that the petitioner has been assigned a very serious role in the occurrence and opinion of the police is neither binding on the Court nor is per se admissible in evidence,

6. I have with full care and devotion heard and considered arguments of learned counsel for both the sides. Admittedly, it is a case of promptly lodged first information report. Both the sides were fully acquainted with each other, so there is no doubt with regard to identity of the assailants. Not only, the complainant, but Mushtaq Kako and Ishtiaa P.Ws. have also wholeheartedly supported, the F.I.R. version during course of investigation. Mushtaq injured P.W. is brother of Iftikhar deceased. He is not expected to make a false statement implicating the petitioner wrongly for the murder of his real brother Iftikhar. Opinion of the police is no legal evidence in the case. Plea of innocence is to be scrutinized by the trial Court after recording of some material evidence in the case. Prima facie there appear reasonable grounds for believing that the petitioner is guilty of an offence punishable with death or imprisonment for life. Challan in this case has already been submitted before the trial Court on 14-9-2002 after making addition of section 324, P.P.C. in the list of offences. I find no good reason to allow bail to the petitioner at this stage. Accordingly, this application is dismissed being meritless.

H.B.T./M-1827/L??????????????????????????????????????????????????????????????????? Bail application dismissed.

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