' Petitioner Professor Munawar Hussain (Mufti Munawar Hussain alias Doctor Professor) seeks post arrest bail in a case registered on the complaint of Muhammad Jamil Inspector/S.H.O. Vide F.I.R.
No,317 dated 13-10-2010 Police Station Saddar Ahmadpur Sharqia, Bahawalpur under sections 148/149, 186, 324, 353, P.P.C., under sections 3/4/5 of Explosive Substances Act, 1908 and offence under section 7 of the. Anti-Terrorism Act, 1997.
2. In brevity the prosecution case is that on 13-10-2010 the complainant along with heavy police contingent, on the direction of DSP/SDPO-Ahmadpur Sharqia by way of special team proceeded for search of the proclaimed offenders and when reached the Check Post Chak Wanbi, received spy information that on the road side an automobile Suzuki Mehran of white colour without number plate was present, in which five persons carrying fire arms were seated and on a motorbike three persons were present, out of whom two were armed with fire arm and were going for terrorism, if chased, they can be apprehended along with weapons. The complainant, after seeking instructions from the DSP/SDPO mentioned above, reached on the pointed place near the dune where the culprits on seeing the police party commenced indiscriminate firing in order to keel the policemen, whereupon, the complainant loudly addressed them to put down their weapons and surrender themselves before the police, but the accused party continued firing and the complainant as well as other policemen retaliated by firing. In this process one of the accused persons threw 'hand grenade towards the policy party, which burst but the police party remained safe. Police party bravely on the stake of their lives, apprehended two culprits whose names came to the knowledge of the complainant as Hafiz Suleman alias Amjad and Malik Manzoor along with .30-bore pistol and four live bullets. Irshad Haider Bokhari Inspector/S.H.O. Police Station Channi Goth along with Muhammad Miraj S.-I., Faryad and Munir Ahmad/Constables apprehended Abdul Rahim alias Talha alias Saeed alias Khalid alias Mustafa son of Muhammad Bakhsh along with one live hand grenade, one Kalashnikov and five live bullets. Muhammad Aamir Ghouri Inspector/S.H.O.
Police Station Baghdad-ul-Jadeed with the help of Sikandar Hayat/HC apprehended Muhammad Afzal alias Muhammad Din, Asad Ullah Mukaram, Nasrullah and Qari along with weapons.
Muhammad Afzal A.S.-I. Apprehended Sajjad Ahmad with the help of other police officials along with weapons, whereas, Khalid Majeed A.S.-I. With the help of Muhammad Rafiq and Akbar Ali/Constables apprehended Muhammad Saleem son of Allah Bakhsh and took into possession pistol .30-bore with four live bullets. Irshad A.S.-I. With the help of other employees captured the petitioner with a cut barrel .12-bore gun and eight live cartridges. Bashir Ahmad A.S.-I.
Apprehended Muhammad Bilal accused with the help of his party men along With YAMAHA motorbike without number. The names of the culprits were known to the police party on inquiring from them. All the weapons and other articles were taken into possession by the police. Co- accomplices of the petitioner Muhammad Zubair, Farooq, Muhammad Ibrahim alias Akram alias Bucha while boarding the Car and making firing slunk away from the place of occurrence.
3. The petitioner having remained unsuccessful to get the relief of post arrest bail from the learned trial court has knocked the gateway of this Court for the said relief.
4. It is argued by learned counsel for the petitioner that he is not an ex-con and has no credentials of his involvement either in criminal activities or in subversive movements, whereas, he is a post graduate and being Professor was on duty in Government Degree College, Ahmadpur Sharqia and is also Ph.D in Islamic studies with special course of FAZAL MUFTI. In this background the learned counsel advanced his arguments by contending that such like persons of high educational status cannot even think to participate in such like activities. The learned counsel further contended that petitioner has been falsely involved due to ulterior motives by the police in order to ruin his enterprising future. It has been maintained that weapon allegedly recovered from the petitioner is of no consequence as no positive report of the ballistic expert is available on the file. The learned counsel submits that heavy assault was allegedly mounted upon the police party but none of the members of the same received even a scratch during this unfortunate incident and none of the culprits received any fire arm injury during the incident because of firing made by the police party.
Further argued that offence under sections 3/4/5 of Explosive Substances Act, 1908 as well as section 7 of Anti-Terrorism Act, 1979 are not constituted against the petitioner, whereas application of other penal sections needs further inquiry vis-a-vis involvement of the petitioner.
5. The learned Deputy Prosecutor General has opposed the bail application tooth and nail while rip raping the prosecution case and submitted that petitioner is member of a defunct JEHADI TANZEEM and during investigation it has come on the record that he remained active member of the same and kept on conspiring, abetting and inducing by making devices for the maskers to the innocent people. Adds that petitioner was apprehended flagrant delicto along with his co-accomplices and weapons including hand grenade, with the exclusionary of false involvement. It has been argued that petitioner along with his co-accused mounted attack at the police party, not only this, but also threw hand grenade which burst but fortune helped and police contingent was saved. Further submits that such like people are threat to the public at large, law enforcing agencies, having no respect of machinery of law and used to flout, ordains of Constitution of the Homeland, are not required to be let loose by way of grant of bail. With this, the learned D.P.G. Argued that offence alleged in this case fall within prohibitory clause of section 497(1), Cr.P.C., as such, dismissal of bail application has been prayed.
6. With due diligence we have heard the arguments of leaned counsel for the parties and scanned the record.
7. A perusal of the F.I.R. Guides that petitioner along with co accused pre-concertedly having heavy weaponry in order to cause huge loss to the innocent people or property by act of terrorism, get together. Textual study of the F.I.R. Further reveals that the role played by the accused mentioned in the F.I.R. Cannot be played by an ordinary person, except the trained one.
8. Nothing has been seen by us, on careful scanning the entire available record that the police party has manoeuvered the incident or has falsely involved the petitioner and his co-accused by planting weapons and a bike. The petitioner and some of the co-accused were apprehended by the police party at the place of occurrence along with weapons. Even otherwise, no other inference can be drawn except that of terrorism. Such like persons are not only menacing for the society as a whole but also disturb the peace, harmony and tranquility in the society, cause threat to the law enforcing agencies, bring instability to the country and by their terrorist activities they are also causing financial weakness in the country, apart from stigmatizing the religion of Islam. The petitioner has been apprehended at the spot, not only along with weapon but also with his co- accused. Nothing has been brought on the record that petitioner has been falsely involved in the case. The investigation resolute petitioner's involvement by recommending his prosecution in this case. Prima facie there is overwhelming evidence against the petitioner to connect him with the commission of offence falling within the prohibitory clause of section 497(1), Cr.P.C. We, therefore, see no substance in this bail application and the same is accordingly dismissed.