This is an application for anticipatory bail of Ghulam Ghaus who alongwith 6 others is accused of an offence under sections 302/452/427/440/ 149 and 148, P.P.C. It is alleged that he carried a gun and fired from it ineffectively while shot fired by his co-accused, namely, Saleem Arshad hit the deceased which proved fatal. Another accused, Muhammad Siddique, also carried a gun but the shot fired by him did not hit the deceased and 4 others co-accused carried Ghandali each but did not cause any injury to Muhammad Asghar deceased.
2. Learned counsel for the petitioner has urged that there is a background of enmity and criminal litigation between the parties and that Ghulam Ghaus petitioner has been maliciously implicated by the complainant and is sought to be arrested by the police for humiliating him in 4 mala fide manner. Learned counsel further urged that the petitioner is a man of advance age and elder of the family. It is submitted that on the day of occurrence the petitioner was attending a Panchayat at Lahore from 9 p. m. Which dispersed at 1-45 a.m. And in that meeting 6 other persons attending the Panchayat had signed a document showing the decision of that Panchayat including its scribe, Muhammad Ikram, Advocate of this Court.
3. Learned counsel for the State and for the complainant have vehemently opposed the grant of bail to the petitioner. They have urged that challan is yet to be submitted in Court and that the plea of alibi has not been accepted by the two Investigating Officers, namely, the S.H.O. And D.S.P.
Because no such meeting or a Panchayat was held at Lahore in which the petitioner was present.
Learned counsel have further submitted that there are as many as five eye-- witnesses who were all natural witnesses of the occurrence, that out of the defence witnesses Ch. Muhammad Ali and Muhammad Ishaq are related to the petitioner while Muhammad Sana is neighbour of the petitioner. Learned counsel further submitted that the stamp paper on which the decision of the Panchayat was written is dated 23rd April, 1081 and the date of its execution is 12th of August, 1981 and that it was purchased for an affidavit and for these reasons the plea of alibi cannot bi taken into consideration for giving benefit of doubt to the petitioner for the purposes of bail. Learned counsel have also submitted that the accused-persons had a motive to cause murder of Muhammad Asghar deceased, that a specific role of ineffective firing is attributed to the petitioner and that the case against the petitioner falls within the prohibitory clause.
4. It is not denied that the petitioner is elder of the family and is a man of advance age. It will be for the trial Court to determine the question of alibi but for the purposes of bail benefit of doubt is available to every accused. In the circumstances at this case, I feel persuaded that Ghulam Ghaus petitioner may have been present at Lahore and may have been named being elder member of the family. The relevant zimni was read out to me by the learned counsel for the State according to which the plea of alibi was not accepted because the petitioner refused to take oath on the Holy Book justifying proper way of investigation in my view. The fact remains that Muhammad Ikram, a practising Lawyer of this Court is the scribe of the decision taken by the Panchayat in a meeting held on the day of occurrence at Lahore which fact may prove the plea of alibi. Petitioner is attributed the role of ineffective firing and there is no recovery of gun because he .Was allowed anticipatory bail right from the beginning. Taking into consideration the facts and circumstances of this case, I am of the view that the case against the petitioner is of further inquiry covered by clause (2) of section 497, Cr. P. C. Therefore, I confirm the interim bail allowed to the petitioner by the Court on 26th December, 1981 on the same surety bonds.