1. On 3-9-1985, Mst. Fazeelat Bibi lodged report at Police Station Shah Gharib, Tehsil Shakargarh, District Sialkot, with regard to murder of her husband Bashir Ahmad. On the said date, Mst. Fazeelat alongwith Muhammad Ilyas and Farooq Ahmad had gone to Shakargarh. The party wanted to see Bashir Ahmad who was to appear in Court at Shakargarli. Bashir Ahmad in custody of Muhammad Saeed and Muhammad Ilyas, Foot Constables came there. After attending the Court party travelled in wagon LHP 872. When the wagon reached Bus Stop of Manzoorpura Plot, Mst. Fazeelat, Ilyas and. Farooq got down from the wagon. Then all of a sudden Safdar Khan alias Chhaba, Said Muhammad alias Saidu --Asghar and Muhammad Boots all armed with .12 bore guns and Fatyad Khan armed with rifle came in front of the wagon. Safdar Khan asked the driver to switch of. The driver and conductor alighted from the wagon. Muhammad Saeed and Muhammad Ilyas, Constables alongwith Bashir Ahmad also got down from the wagon.
2. Then Safdar Khan, Said Muhammad, Asghar Khan, Muhammad Boots and Faryad Khan.
3. Surrounded those who had alighted from the wagon. Faryad Khan snatched the rifle from Muhammad Saeed, Constable. Meanwhile, Bashir Ahmad ran for shelter towards the village side.
4. He took shelter in a room of his father's house and bolted it from inside. Mst. Fazeelat, Muhammad Ryas, Muhammad Farooq and Muhammad Saeed, Constables also reached there. They chained the outer door of the courtyard. Safdar Khan and his companions surrounded the house. They wanted Bashir Ahmad alive. They said that in case he is not handed over to them, he would be killed.
5. When all this was going on, a second batch which consisted of Karam Khan petitioner, Muhammad Munir and Muhammad Sharif armed with .12 bore guns and Zafar Khan armed with rifle arrived there. The party came into the courtyard after scaling the boundary wall.
6. It is alleged that Karam Khan petitioner raised Lalkara that Bashir Ahmad should be finished. The other accused started breaking the door and windows. They were also extending threats. The door gave in. Zafar Khan fired with his rifle. Bashir was hit on the left side of neck. He fell down and died at the spot. The accused party shouting and firing over their victory left the spot.
7. The motive for this occurrence was that Bashir, deceased had long-standing enmity with Karam Khan and others. This goes back to 14115 years. About 1-- years ago Allah Ditta son of Muhammad Yaqub who was on the side of Karam Khan was murdered by Bashir Ahmad and others. Bashir Ahmad deceased and others were challaned. That case was pending in Court at Shakargarh. That murder led to the murder of Bashir Ahmad. Karam Khan was taken into custody on 5-9-1985. He applied for bail. The Additional Sessions Judge dismissed bail application on 12-12-1985. Karam Khan has now come to this Court.
8. Notice was issued to the State on 18-1-1986 on 25-1-1936 when the matter came before me, the A.A.-G. Submitted that the investigation was being conducted by the Crimes Branch. I accordingly directed the A.A.-G. To inform the Officer Incharge of the investigation to appear on the next date of hearing alongwith the record.
9. On 28-1-1986, D.S.P., Crimes Branch turned up. Counsel for the petitioner vas absent due to demise of a close relative. On 29-1-1986 the D-S.P. Submitted that the investigation was entrusted to him on 11-1-1986 and he was not able to look into the matter. I adjourned the case to 18-2-1986. On 18-2- 1986, the D.S.P. Again requested for more time. I gave a week's time to the D.S.P. To complete the investigation. When the matter came up for hearing before me on 1-3-19.86 the D.S.P. Said that he had completed the investigation and submitted his report to the I. -G. Police. When I asked about the result, he declined to disclose .It on the ground that it was confidential.
10. Counsel for the petitioner argued that though the petitioner was taken into custody formally on 5- 9-1985 but it was only 18th of December, 1985 i.e. Three months after the occurrence when he was actually arrested. During these three months, the police did not find any evidence to connect the petitioner with the alleged occurrence.
11. It was further submitted that taking the prosecution case as disclosed in the F. I. R., the allegation against the petitioner is that he was armed with gun which he did not use but instigated the others to break open the room in which the deceased had taken shelter. It was Zafar Khan who fired the fatal shot.
12. Learned counsel submitted that even according to the F.I.R. The petitioner was not one of the accused in the first batch. His presence was later on manipulated by the police to falsely implicate him.
13. Mr. Farooq Bedar, Assistant Advocate-General, had opposed the bail on the previous dates. He submitted that it was the petitioner who was the villain in the drama. He with the help of hired assailants killed Bashir Ahmad. His criminal liability is the same as of those who formed unlawful assembly with the common object of murdering Bashir Ahmad, When the matter came up for hearing today, the A. A.-G. Was busy before some other Bench. Counsel for the complainant was present. D.S.P. Was also present.
14. The A.A.-G. As referred to above had argued the case at length on previous dates. Today only the D.S.P. Was to submit the result of his investigation. He declined to do so. The attitude of the D.S.P.
15. Was very obnoxious. I do not think the result of his investigation was so secret that the Court was not to be taken into confidence. The D.S.P. Did not realise that he could have been proceeded against under the Contempt of Court Act. But I refrained from proceeding against him because outwardly he appeared to be a gentleman. Nevertheless, the A.A. -G. Shall inform all the Police Officers that if in future they behave like this they shall have to face the consequences. I am constrained to observe that it was unbecoming of the officer of the rank of the D.S.P. To behave like this.
16. Now I proceed to deal with the merits. The prosecution case as disclosed in the F.I.R. Is that the petitioner turned up in the second batch. He had a gun which he never used. The fatal shot was attributed to Zafar Khan. The deceased had only one injury. The fact that the D.S.P. Was not willing to disclose the result of his investigation shows) that he had nothing to urge against the petitioner and the investigation conducted by him did not yield favourable results.
17. I, therefore, admit the petitioner to bail in the sum of Rs.50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of A .C . , Shakargarh.