' M.A. SHAHID SIDDIQUI, Allah Yar and Liaquat Ali, petitioners, have applied for post-arrest bail in case F.I.R. No,414 of 2005 dated 12-10-2005 registered at Police Station Chuchak, District Okara under sections 324/302/148/149, P.P.C.
2. The occurrence took place on 9-10-2005 at about 4-30 p.m. Within the area of Thatha Chakarka, which is at a distance of 29 kilometres from Police Station Chuchak. As per the F.I.R. Muhammad Ali, complainant accompanied by his son Riyasat Ali and two others namely Malik Ali and Walayat Ali were on their way to their village from the river side, when all of a sudden the present two petitioners along with Intizar Hussain, Fazal and Maham Ali emerged from the "Sarkandas" bushes.
Allah Yar, petitioner, is alleged to have fired two shots hitting Riyasat Ali, deceased on the inner side of his right leg and left wrist. Whereas, Liaquat Ali, petitioner, caused fire-arm injury on the backside of the hand of the deceased. The remaining accused also caused injuries, with their respective weapons. Muhammad Ali, complainant was dragged by Intizar Hussain up to a distance of two Karams, when he caught hold of him. Intizar Hussain was rescued by his companions, who then fled away. Riyasat Ali was taken to the Okara Hospital and got medically examined. In view of his serious condition he was referred to Jinnah Hospital, Lahore, where he remained under treatment up to 14-10-2005 and breathed his last. In the meantime Muhammad Ali, complainant, reported the matter to the police on 12-10-2005 at about 3-00 p.m.
3. The learned counsel for petitioners argued that the case against the petitioners was registered with a delay of three days after due deliberation. During three successive investigations it was found to be false and recommended for cancellation, as such the petitioners are entitled to concession of doubt even at bail stage because of the apparent conflict between the medical evidence and the ocular account furnished by the eye-witnesses.
4. The learned counsel for the complainant vehemently opposed this bail petition. He argued that a tentative assessm ent of the prosecution's case leads to a conclusion that the statements of P.Ws.
Are corroborated by the medical evidence and that the opinions of the Investigating Officers cannot be made basis for allowing bail to the petitioners.
5. I have considered the arguments advanced by the learned counsel for the parties and have examined the entire material brought on the record. The incident took place on 9-10-2005 at about 4-30 p.m. The Medico-legal report shows that the victim was got examined by the police immediately after the occurrence at about 9-00 p.m. This indicates that the matter had been brought to the notice of police on the day of occurrence. In this view of the matter the delay in the registration of the case reflects the conduct of the police. A perusal of the case diaries shows that Jaafar Hussain, S.-I., had reached the spot, recorded the statements of P.Ws. And completed other formalities on 12-10-2005. The P.Ws. In their statements under section 161, Cr.P.C. Had fully supported the allegations. On 23-10-2005 the accused appeared before the police for the first time and pleaded innocence. The Investigating Officer postponed their arrest. On 24-10-2005 Ghulam Murtaza, Liaquat Ali, Muhammad Yousaf and Asghar Ali appeared before the police at police station and gave a different story. They claimed to have witnessed the occurrence and according to them Riyasat Ali, deceased, had been killed by one Nasar Sahi, a proclaimed offender and his companions. Thereafter, the investigation was taken over by Muhammad Arshad, Inspector, who after examining the witnesses from both sides found all the accused as innocent. The D.S.P.
(Investigation) Saddar Circle and Tahir Mehmood, D.P.O. Okara concurred with the opinion of Muhammad Arshad, Inspector. Then all of a sudden Amaan Ullah Bajwa, D.S.P. (Investigation), Saddar, Okara recorded the statement of Muhammad Ali, Mumtaz Hussain Basara and Shera on 2- 12-2005 and found Intizar Hussain, Nazar Sahi and few others to be the real culprits. Accordingly, the challan was submitted and the complainant has now filed a private complaint.
6. The above resume shows that the complainant party had approached the police immediately after the occurrence. Riyasat Ali had sustained fire-arm injuries on his person. It was the duty of the police to record the statement of injured or his companions before sending him for medical examination. Even after the registration of the case and recording of statements of P. Ws. The Investigating Officer associated the accused for the first time on 23-10-2005 in spite of the fact the complainant had nominated the accused and specified their roles and the medical evidence showed that Riyaasat Ali had sustained fire-arm injuries. I have gone through the medical report Riyasat Ali had sustained fire-arm injuries on the inner side of his right leg, which injury has been specifically attributed to Allah Yar, petitioner. There is also an injury on the chest of Riyasat Ali; which has been attributed to Liaquat Ali, petitioner. There is sufficient material on the record, which provides reasonable grounds showing involvement of the petitioners with the alleged occurrence.
In the peculiar circumstances of the case, I would simply say that the opinion of the Investigation Officer is not binding on the Court. I, therefore, do not consider it proper to release the petitioners on bail. This petition is dismissed.