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Initializing Secure Chambers
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Petitioner: MUNAWAR alias MUNAWARI VS Respondent: THE STATEHonorable Justice M. Naeemullah Khan SherwaniCh. Zahid Iqbal,Salah-ud-Din Zafar
2003 M L D 1380
2003 M L D 1380
[Lahore]
Before M. Naeemullah Khan Sherwani, J
MUNAWAR alias MUNAWARI---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.4477-B of 2002, decided on 8th October, 2002.
Criminal Procedure Code (V of 1898)-----
----S.497(2)---Penal Code (XLV of 1860), Ss.302/109/34---Bail, grant of---Further inquiry---Name of accused did not figure in F.I.R. and he stood implicated in the case on the basis of statement made by a person who claimed to be eye-witness and said statement was made after about three months of the occurrence---Allegation in the said belated statement was that the accused was armed with .12 bore gun whereas his co accused was armed with a .30 bore pistol, but contents of post-mortem report did not reveal any injury on the deceased caused by .12 bore gun---No injury on person of the deceased was attributed to accused and even the accused was not named in the complaint-- Case against accused calling for further inquiry, he was admitted to bail.
Ch. Zahid Iqbal for Petitioner.
Salah-ud-Din Zafar for the State.
Date of hearing: 8th October, 2002.
ORDER
Munawar alias Munawari alongwith another Munawar alias Dooni stands involved in crime Report No. 197 under section 302/34 read with section 109 P.P.C. registered with Police Station, Mandi Ahmadabad District Okara on 11-9-2001 at the instance of one Abbas Ali.
On being arrested by the police on 20-12-2001, the petitioner preferred his post-arrest bail application before a learned Sessions Judge at Depalpur, who declined him the relief by virtue of his order dated 31-5-2002 on the basis of reasons embodied in the order itself. Now by the instant petition, he has approached this Court seeking same relief.
3. Both the sides have been heard at length. Admittedly, name of the petitioner does not figure in the First Information Report. He stood implicated in the case on the basis of statement made by Mst. Fauzia after about three months of the occurrence. She made this statement as' an eye-witness. Occurrence in this case took place on 11-9-2001. In this view of the matter she made this statement at a belated stage of investigation. She specifically alleged that the petitioner was armed with a .12 bore gun, whereas his co-accused Munawar alias Doni was armed with a .30 bore pistol. Contents of post-mortem report do not reveal that injury on the deceased had been caused by the discharge of a .12 bore gun. No injury on the person of Asghar Ali deceased was attributed to the petitioner by her. Abbas Ali-complainant instituted a private complaint against Ghulam Musatafa, Muhammad Tufail, Muhammad Irshad, whose names are mentioned in the F.I.R., and two others, namely, Arif Ali and Mst. Fauzia. Maker of the F.I.R. even in the complaint did not name the petitioner as an accused. Learned counsel for the State submits that circumstances revolving around this matter call for further inquiry and that in these circumstances, he is not in a position to oppose grant of bail to the petitioner.
4. For all these reasons, I am of the firm view that case of further inquiry is made out. Accordingly, by accepting this application, I direct that the petitioner be released from custody subject to this furnishing bail bonds in the sum of Rs.50,000 with two sureties each in the like amount to the satisfaction of trial Court.
H.B.T./M-1905/L Bail granted.