'HAFIZ ABDUL REHMAN ANSARI, J.---Through this petition, the petitioner seeks post-arrest bail in case F.I.R. No,235/2009 dated 17-5-2009 registered at Police Station Ghalla Mandi, District Sahiwal, under sections 324, 353, 186, 148, 149, P.P.C. On the complaint of Shehzad Ahmad Gull, Inspector, S.H.O.
Police Station Daira Raheem, complainant.
2. Brief facts as narrated in the F.I.R. Of the case are that on 17-5-2009 the police party had gone to Chak No,135/9-L, for the arrest of accused in case F.I.R. No,158/2009 under sections 395, 397, P.P.C.
Registered at Police Station Daira Raheem and when they reached at Daira Manzoor, 15/20 persons armed with fire arm weapons present at the Dera on seeing the police party opened fire at them, the police party also fired at the accused persons in self defence, it is further alleged in the F.I.R.
That Ramzan armed with .8 MM Rifle, Arif armed with .8-MM Rifle, Khalid Mehmood armed with Pump Action Gun, Azhar Shah armed with .222-bore Rifle, Muhammad Ramzan Khizar Hayat and Ali Sher empty handed were apprehended by the police when Muhammad Boota, Muhammad Afzal, Liaqat Mohsin Shah, Ghulam Dastgeer, Talib Hussain, Waris, Ghazanfar and Hafiz fled away from the spot, it is also alleged in the F.I.R. That the petitioner Arif and Ramzan sons of Ghafoor also received injuries due to the firing of his fellowmen.
3. Petitioners and others applied for their post-arrest bail before the learned Magistrate Section 30, who vide order dated 22-6-2009 dismissed the same. Then, petitioners applied for their post arrest bail before the learned additional Sessions Judge, Sahiwal, who vide order dated 22-8-2009 also dismissed the same.
4. This F.I.R. Was got registered on the complaint of Shehzad Ahmad Gull, Inspector, S.H.O. Police Station Daira Raheem against twelve persons showing as an encounter with the police. The petitioner and 12 other persons nominated accused file Criminal Misc. No,10513/B/09 in the Lahore High Court at Principal Seat. The present four petitioners opted not to press their bail petition as observed in the order dated 30-9-2009 in Criminal Misc. No,10513/B/09. This is second bail petition on behalf of the present petitioners.
4A. Learned counsel for the petitioners submits that case against the petitioners is false and based on mala fide; the petitioners are behind the bars for the last 3-1/2 months and actually dispute was between Mohsin Shah son of Pir Manzoor Shah and Ramzan Shah over the land measuring 199- Kanals 19-Marlas in District Sahiwal, which was in the name of Mst. Allah Dewai and after her death Government of Punjab allotted the said land in favour of Mohsin Raza Shah son of Manzoor Shah; that the said Ramzan Shah approached the police in order to get the possession of land and manoeuvered the complainant for registration of a false case, who showed fake police encounter under the garb of investigation of case F.I.R. No,158 of 2009, that the accused arrested in that case were subsequently discharged by the police itself; that one Maqsood from the petitioners' side has received injuries whose MLC is not on the file; that none of the offences falls within the prohibitory clause of section 497, Cr.P.C., therefore the petitioners are entitled to the concession of bail.
5. Learned Assistant District Public Prosecutor half heartedly opposed the bail petition.
6. I have heard the learned counsel for the parties at length and perused the record.
7. In this case, complainant is Shehzad Ahmad Gull, Inspector, S.H.O. Police Station Daira Raheem, who has stated story of police encounter with the accused. It is strange that although in the F.I.R.
There is shown ample use of exchange of fire arms but none of the police side got a single injury.
The alleged injured Maqsood Ahmed in the F.I.R. Stated to be injured by his own colleagues; that Maqsood injured was not medically examined and on the file no MLC was present on behalf of Maqsood which makes the case one of further inquiry in the absence of MLC of injured Maqsood, offence under section 324, P.P.C. Does not attract; that there is further need of investigation to find out the guilt of the A petitioner; that except section 324 the rest of the offences does not fall within the prohibitory clause of section 497, Cr.P.C. As there is no medico legal certificate of injured Maqsood Ahmad and others were injured by firing of police not by the firing of their colleagues. The fact behind this case is that there is a dispute of the property, which was allotted to the co- accused of the petitioner namely, Mohsin Raza after the demise of Allah Diwai the land allotted was in the ownership of Province of Punjab, the same was allotted to Allah Diwai under "Ghorri" Pal Scheme. On account of this dispute a false case was got registered by Inspector, Shahzad Ahmad Gull, prior to that Shehzad got registered F.I.R. No,158/2009 dated 17-5-2009 under section 395/412, P.P.C. At Police Station Daira Raheem, District Khanewal against the petitioner and others on false concocted story, the same was recommended for cancellation. Learned Magistrate Section 30 agreed with the cancellation report. In the instant case, even Prosecution Branch has doubted alleged police encounter during the Investigation of earlier F.I.R. No,158/09 dated 17-5-2009.
8. Resultantly, this petition is accepted and the petitioners are admitted to post arrest bail subject to their furnishing , bail bonds in the sum of Rs,1,00,000 each with one surety each in the like amount to B the satisfaction of learned trial Court. However, it is made clear that the observations made above are of tentative in nature, those will not prejudice the case of either side.
9. Before parting with this Order, office is directed to send a copy of this order to D.I.G. Sahiwal, who shall hold an inquiry into the matter to the effect that in F.I.R. No,235/09 dated 17-5-2009 registered at Police Station Ghalla Mandi District Sahiwal under sections 324, 353, 186, 148, 149, P.P.C. 12 accused persons were nominated vide Criminal Misc.No,10513-B-09 and eight nominated accused were allowed bail by this Court vide order dated 3-9-2009 through Crl. Misc. No,10513-B-09. While granting post arrest bail to the other four accused in Criminal Misc. NO.3987-B-09 some astonishing facts have come to surface, which prima facie, establish that on the basis of fake police encounter F.I.R. No,235/09 was got registered, similarly, another F.I.R. No, 158/09 under section 397/395, P.P.C. By the same complainant was also got registered. Cancellation report of which was prepared and the learned Illaqa Magistrate discharged the nominated accused agreeing with the cancellation report, annexure (K) & (J) are appended herewith. The D.I.G., Sahiwal is directed to depute some dead honest police officer not below the rank of Superintendent of Police to look into the matter of F.I.R. No,235/09 dated 17-5-2009 under sections 324, 353, 186, 148, 149, P.P.C. Police Station Ghalla Mandi, District Sahiwal and F.I.R. No, 158/09 dated 17-5-2009 under section 395/412, P.P.C. Police Station Daira Raheem, District Khanewal and submitted detailed comprehensive report to the D.R.(Judl.) of this Court within one month from the date of receipt of this Order.