' SHAHID HAMEED DAR, J.---Through this single order, I intend to dispose of two applications for bail- before-arrest (Criminal Miscellaneous No,1109-B/2013 and Criminal Miscellaneous No,1110-B of 2013), both filed by the petitioner in case-F.I.R. No,124/12, dated 22-3-2012, registered for offences under sections 302, 34 P.P.C., at Police Station Qubola Sharif (Pakpattan Sharif) and in a private complaint-case titled Ghulam Hussain v. Manzoor Ahmad etc. Qua the same occurrence, respectively.
2. Precisely, the prosecution story as narrated by Ghulam Hussain (complainant) in the F.I.R is that his brother Ghulam Mustafa (deceased) was married with Mst. Riaz Bibi, daughter of Sikandar accused, who went to see her parents on 18-3-2012 but did not return; Ghulam Mustafa with a view to bring her back, went to the house of his in-laws on 22-3-2012 where he was attacked by Manzoor Ahmad, armed with a wooden-beam, Zaman (petitioner) armed with sota, Sikandar armed with sota and Ali Ahmad armed with sota; Manzoor Ahmad caused an injury by means of his weapon on the head of Ghulam Mustafa and he also injured Mst. Riaz Bibi by giving her two blows of his weapon; Ali Ahmad accused also caused injuries to Mst. Riaz Bibi; both the injured died instantaneously.
3. The story of private-complaint-case as narrated by the said complainant is that his brother Ghulam Mustafa married Mst. Riaz Bibi about a month before the occurrence against the wishes of his in-laws and started living with her as her husband; some times thereafter, accused Manzoor Ahmad, Zaman (petitioner), Falak Sher and Ali Ahmad resolved their differences, wish Mst. Riaz Bibi and they took her with them to Chak Mehdi Khan on 18-3-2012; Ghulam Mustafa with a view to bring his wife back went to the said chak at about 8:00 a.m. On 22-3-2012 wherefrom he made a telephone call at about 12:00 noon and told him that Manzoor Ahmad etc. Were not prepared to let Mst. Riaz Bibi accompany him and they had restrained both of them; on receipt of this information, he along with his brother Bashir Ahmad and one Munir Ahmad reached the house of the accused by a motorcycle where they saw that Manzoor Ahmad armed with a wooden-beam, Zaman (petitioner), Falak. Sher and Ali Ahmad all armed with sotas had forcibly restrained his brother Ghulam Mustafa and Mst. Riaz Bibi; within their view, Falak Sher accused raised lalkara whereupon Manzoor Ahmad gave a blow of beam on the head of Ghulam Mustafa which felled him to the ground followed by two more blows by him at the head and cheek of Mst. Riaz Bibi; Ali Ahmad accused gave successive blows of his weapon at the left cheek and chin of Mst. Riaz Bibi, who fell onto the ground badly wounded; both the injured succumbed to the injuries at the spot; the accused fled the scene after committing the crime; he reported the matter to the police through an oral statement which was not correctly recorded as they being in league with Falak Sher accused, omitted his name to falsely implicate his brother Sikandar; the police did not willfully arrested the accused Falak Sher and Muhammad Zaman (petitioner) and declared All Ahmad accused innocent; he approached the high-ups of the police to register his protest against the I.O.
But to no avail, hence, he decided to file private complaint.
4. Learned counsel for the petitioner submits that no specific role has been assigned to the petitioner except , for the role that he being armed with a sota, joined by his armed co-accused thrashed Ghulam Mustafa and Mst. Riaz Bibi; Ali Ahmad, a co-accused of the petitioner, who had been attributed a specific role qua Mst. Riaz Bibi (deceased) was declared innocent, during the course of investigation; the petitioner was merely found present at the spot without committing any overt-act; the mother of Mst. Riaz Bibi (deceased), moved an application before the police for registration of a cross-case, which was not entertained by the police with mala fide intention; she was constrained to move an application under sections 22-A/22-B Cr.P.C. Before the Ex-Officio Justice of Peace, which resulted in recording of a cross-case on 17-12-2012, she being the complainant thereof; she also filed a private complaint on 5-6-2012, about three months after the registration of F.I.R., wherein, the petitioner has been summoned by the trial court to face trial; a co- accused of the petitioner Falk Sher was granted bailbefore-arrest on 14-12-2012 and petitioner's case is not much different from him, which is liable to invoke the dictum of consistency, in favour of the petitioner; lastly submits that the petitioner has not contributed towards the occurrence in any manner and he is absolutely innocent. Relies upon, case titled Muhammad Amin and another v.
The State (1987 SCMR 1522) Bahadur Khan Niazi v. Alam Khan and 2 others (PLD 2000 Karachi 74), Ghulam Murtaza Qureshi v. The State (1990 PCr.LJ 323).
5. On the other hand, learned Addl: Prosecutor-General Punjab; opposes with the contention that the petitioner actively participated in the occurrence along with his co-accused and he is equally responsible for the occurrence, as a whole; the weapon of offence is still to be recovered; learned Law Officer, however, admits that the petitioner as per opinion of the investigating officer did not cause any injury to the deceased and that he was held responsible only to the extent of bringing both the deceased, Ghulam Mustafa and Mst. Riaz Bibi to the place of occurrence and confining them in a room there.
6. After hearing learned counsel for the parties and perusing the record, it is observed that the petitioner is specifically named in the F.I.R. With the role that he being armed with sota, joined by his armed co-accused, tortured Ghulam Mustafa (deceased) and Mst. Riaz Bibi (deceased) and committed their cold-blooded murder at the spot. The petitioner, though not assigned a specific role, appears to have actively participated in the occurrence as postmortem-examination report of Mst. Riaz Bibi (deceased) reveals multiple blunt-weapon injuries on her dead-body. The investigating officer held the petitioner guilty but in a different tone, by opining that he brought both the deceased to the place of occurrence, confined them in a room, induced his co-accused to reach the spot and stayed there till both the spouses were done to death in a callous manner by the co-accused of the petitioner. It is a double murder-case with heart-rending details. The petitioner's case is plainly distinguishable from the case of his co-accused, Falak Sher, who was granted bail by this court vide order dated 14-12-2012, mainly for the reason that he had been substituted for his real brother Sikandar, who had died many years before the alleged occurrence.
The mother of Mst. Riaz Bibi, after many months of the alleged occurrence, set-up a cross-version with the contention that the occurrence was committed by accused Ghulam Hussain, Ghulam Rasul, Munir Ahmad, Bashir Ahmad and Wazeer Ahmad but it was disbelieved by the investigating officer being a plethora of lies, vide case-diary dated 29-12-2012. The petitioner B has been summoned by the learned trial court in private-complaint-case as well, for the same charge as is found in the challan case. Bail before arrest is an extraordinary relief, the scope whereof is narrow, which is meant only for the innocent or is available to a person who has not C committed a non- bailable offence or whose involvement in a case is necessarily due to malice or ulterior motives of the complainant. The petitioner's case incidentally, does not fall in any of the said categories, The weapon of offence is still to be recovered from the accused. The judgments relied upon by the learned counsel for the petitioner, being divergent on facts, are not helpful to the petitioner in any manner.
For the aforesaid reasons, I am not inclined to accept these petitions, which are dismissed accordingly. The ad interim pre-arrest E bails granted to the petitioner vide orders dated 28-1-2013 are recalled.