The petitioners seek post-arrest bail in case FIR No,249, registered at Police Station Saddar, Faisalabad on 24.02.2007 for offences under Sections 302/34/148/149, PPC. The ground taken is that the FIR was lodged on the written application of Naeem Akhtar son of Muhammad Siddique Gujjar in which none of the petitioners was accused; that the complainant has already filed a complaint case which shall proceed in the first instance and the police version will be tried thereafter; that Muhammad Yousaf father of one of the deceased, namely, Muhammad Younas had got recorded his statement after the lapse of 4-1/2 months from the registration of the FIR in which the present petitioners were indicted for the first time and that at all events the case against the present petitioners require further inquiry.
2. The grant of bail was seriously opposed by the learned DPG assisted by learned counsel for Muhammad Yousaf.
3. In this occurrence, two persons, namely, Muhammad Younas and Imran Ali were killed with fire- arms. Muhammad Younas had received injuries on the forehead and on the chest whereas Imran Ali received injury on the right chest. Two persons namely Mst. Naziran and Ishtiaq were injured with fire-arms. In the course of investigation, it was found that the FIR was got recorded by Naeem Akhtar of Gujjar party cleverly twisting the facts and that in fact the present petitioners and others including the complainant Naeem Akhtar, were responsible for the occurrence, in order to invotve the rivals belonging to Rana Group. It was also established during investigation that the occurrence was the result of party faction during elections. The investigators who were, senior police officers, also came to the conclusion that the SI Muhammad Aslam and Ghazanfar Ali-SHO who had been initially dealing with this case, had connived with Naeem Akhtar complainant on whose application, the FIR in question was registered. A case under Section 155 (C) of the Police Order, 2002 was also registered against them. The investigation held by a panel of senior police officers cannot be ignored. Mst. Naziran one of the injured is mother of Shafiq-urRehman, Petitioner No, 5.
She stated that she had suffered injury at the hands of Gulzar accused of the FIR with 30-bore pistol. She tried to exclude the part of Razzak accused Petitioner No,
1. Since she is mother of Shafiq- ur-Rehman petitioner No,5 and belongs to Gujjar Baradari, I would leave the vires of her statement to be tested during the trial. For the present there are sufficient grounds to connect all the five petitioners with the alleged occurrence which claimed death of two persons, namely, Muhammad Younas and Imran Ali. Unabashed use of fire-arms was made. The accused persons were equipped with fire-arms like rifles, pistols, pump actions and all that. Two persons were killed like ducks. The manner in which the attack was unleashed indeed is outrageous to public conscience.
The occurrence created a terrifying situation. Although the complaint cases would be tried in the first instance on the authority of Noor Elahi v. The State (PLD 1966 SC 708), yet at this stage the petitioners are not entitled to the grant of bail. Granting them bail would amount to play-down the gravity of the offence. I, therefore, dismiss their bail application.