MAZHAR IQBAL SIDHU, J.---Mansoor Ahmed petitioner has sought post-arrest bail in a cross-version recorded in F.I.R. No. 297 dated 17-10-2010 under sections 506-B1148/149/447/511, P.P.C. Registered at Police Station Marot, District Bahawalnagar on the written application of Mansoor Ahmad (petitioner). During investigation offences under section 109/302, P.P.C. Were added to the F.I.R.
2. Succinctly facts germane to the filing of the instant petition are that petitioner (complainant) had installed a petrol pump named known as Marro Filling Station on main road Marot in the area of Chak No.319/HR, Tehsil Fortabbas. Accused Muhammad Naeem who is real uncle of the petitioner had a land dispute with the petitioner and he wanted to take forcibly possession of 8 Marlas where the petrol pump had been installed but the petitioner had refused as the said piece of land had belonged to him and none else is share holder in the same. Few days earlier to the happening of incident, Muhammad Naeem and Mst. Shazia Gull accused persons came at the petrol pump and claimed that they would get possession of 8 marlas where the petrol pump had been installed as the same had come in their share and by all means whatsoever they shall possess the same. Mst. Shazia Gull accused also intimidated to the petitioner that she is not only a press reporter but also an Advocate having long hands and she will have to teach a lesson to the petitioner upon this issue.
3. On the day of occurrence i.e. 17-10-2010 at about 4-00 p.m., petitioner (complainant) along with his employees namely Muhammad Kashif, Muhammad Zahid, Zahid son of Master Bashir Ahmad, Muhammad Abid, Muhammad Akram gunman and Muhammad Akram son of Abdullah uncle of the petitioner was present at the said petrol pump where accused persons namely Muhammad Naeem, Mst. Shazia Gull, Muhammad Arshad, Muhammad Riaz (deceased), Mazhar Hussain, Muhammad Nasir alias Billa and Mehmood Arshad while armed with fire-arm weapons and Sotas came there along with a cot. Accused Mst. Shazia Gull and her husband Muhammad Naeem raised a Lalkara that they have come here in order to possess the piece of land where petrol pump had been installed and the complainant party (petitioner) may try to restrain them. The said two accused persons called their co-accused Muhammad Arshad, Muhammad Riaz, Mazhar Hussain and Muhammad Nasir alias Billa and directed them to extrude the petitioner and his employees from the petrol pump whereupon the said accused persons launched assault upon the complainant (petitioner party) whereupon petitioner and his companions raved which attracted to P. Ws. Muhammad Ahmed and Yaseen whereupon petitioner party resisted and restrained accused persons from taking possession of the said piece of land. Petitioner party attempted to catch hold of accused persons and in this process Muhammad Riaz accused sustained injuries at the hands of companions of petitioner. However, accused persons Muhammad Arshad and Mazhar Hussain were captured at the spot whereas Muhammad Arshad accused who had pistol in his hand was snatched by the petitioner party. All other accused persons got away from the place of occurrence. It has further been alleged that accused Muhammad Naeem along with her wife Mst.
Shazia Gull co-accused on the embitterment of Mehmood Ashraf Bajwah strove to possess piece of land wherein petrol pump had been installed.
4. Muhammad Riaz accused of the F.I.R. Was medically examined but later on he died whereupon offence under sections 109/302/34, P.P.C. Were added to the F.I.R. During investigation as to, murder of Muhammad Riaz accused (deceased), his father Mian Muhammad made an application against Muhammad Naeem, Mst, Shazia Gull, Muhammad Arshad and Nasir Mehmood on 19-10- 2010 for alleged murder of his son. As per version given by father of the deceased, petitioner along with his co-accused caused injuries to the deceased which resulted in his death. The application has been supported by the P.Ws.
5. Widow of deceased Mst. Naseem Akhtar also submitted an application during investigation dated 20-10-2010 being an eye-witness along with other P.Ws. For the alleged murder of her husband against petitioner, Muhammad Naeem and Mst. Shazia Gull (accused of F.I.R.). As per her version, accused Muhammad Boota gave a Sota blow on the head of Muhammad Riaz deceased whereas the other co-accused also caused him injuries.
6. On the basis of said two applications, investigation was undertaken and ultimately version introduced by father of the deceased has been found true and the same has been treated as cross-version against the petitioner and others.
7. The petitioner was arrested in this case by the police and his bail application was dismissed by the learned trial Court. Hence, the instant application.
8. In support of this bail application, learned counsel for the petitioner has argued that petitioner is the proprietor of the above mentioned petrol pump and accused persons namely Muhammad Naeem and his wife Mst. Shazia Gull have no nexus with the said petrol pump and piece of land but they wanted to forcibly take over possession of the said land. Further argued that accused party mentioned in the F.I.R. Is aggressor who came at the spot at dawn time for taking over possession of the petrol pump and during resistance, their co-accused Muhammad Riaz sustained injuries but later on Mst. Shazia Gull accused and her husband in collusionwith the father of the deceased and widow of the deceased have managed a cross-version by falsely involving the petitioner and other accused. Further argued that as per version of father of the deceased as well as widow of the deceased, petitioner has not caused any injury to the deceased whereas during investigation it has come to light that deceased tried to snatch repeater gun from Asif Iqbal Zafar, Gunman of the petitioner whereupon said Asif Iqbal Zafar gave a butt blow with his repeater gun on the head of the deceased who later on succumbed to the injuries in BVH, Bahawalpur. It has further been argued that version surfaced by Mst. Naseem Bibi widow of the deceased has not been found correct during investigation while version of Mian Muhammad father of the deceased has been carried out to be cross-version of the F.I.R's. Case. Lastly, by summing up arguments, it has been submitted that no recovery of any weapon has been made from the petitioner and instant case being case of three versions squarely falls within the ambit of further inquiry and petitioner is entitled for grant of bail.
9. Learned DPG assisted by learned counsel for widow of the deceased as well as father of the deceased has vehemently opposed the bail application on the grounds that presence of the petitioner at the spot has not been denied by him and petitioner in his F.I.R. Has categorically admitted that deceased received injuries during occurrence at the hands of complainant party and by this way if all these facts have been admitted by him, then petitioner is not entitled for grant of bail, It has been argued that during investigation, petitioner has been found guilty and an innocent soul has been murdered who was an employee of Muhammad Naeem and Mst. Shazia Gull accused persons. It has also been maintained that during whole occurrence, nobody from the side of the petitioner/complainant party received even a single scratch then how the petitioner party might say that attack was perpetrated by the accused mentioned in the F.I.R. Including the deceased. Lastly, it has been concluded that all facts and circumstances of the case connect the petitioner with the commission of murder of Muhammad Riaz deceased' and the offence with which petitioner has been charged falls within the prohibitory clause of section 497, Cr.P.C. And at this early stage, petitioner is not entitled for grant of bail.
10. I have heard learned counsel for parties and have also gone through the record with the assistance of learned counsel for parties as well as learned DPG.
11. Primarily petitioner got a case registered against Muhammad Naeem and others including deceased that accused persons of the F.I.R. Came at his petrol pump while armed in order to take possession forcibly of the said petrol pump including piece of land and the petitioner immediately reported the matter to the police by handing over accused persons of the F.I.R. Along with a pistol before police: During the investigation about the murder of Muhammad Riaz deceased, his father , Mian Muhammad made an application against Muhammad Naeem and' others for having committed murder of his son, the same application has been probed into by the investigating agency and on its basis cross-version has been established whereas version introduced by widow of the deceased against petitioner and others has also been probed into by the investigating agency but the same has allegedly not been found correct. Another aspect which is very important has come on record during investigation that in fact deceased tried to snatch repeater .12 bore gun from Asif Iqbal Zafar Gunman who gave its butt blow on the head of Muhammad Riaz deceased, the same ultimately became fatal and the deceased died in BVH, Bahawalpur. Squarely, it is a case of divergent versions and it would be ascertained by the learned trial Court that which one of them is correct by holding a trial, therefore, prima facie case of the petitioner has become that of further inquiry as envisaged under section 497(2), Cr.P.C. Nothing has been recovered from the petitioner during course of investigation and the investigatior is complete in this case.
12. For what has been discussed above, instant petition is allowed and petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of 2,00,000 (two lacs) with one surety in the like amount to the satisfaction of learned trial Court.