1. ' Rai Shabir Ahmad son of Shahbaz Khan, whose son was shot dead on 14-12-1985 at 10.00 a.m.
2. Outside M.A.O. College, Lahore has moved this application for cancellation of bail of Shamas Raza Khan, one of the accused. The matter was reported by Farooq Ahmad B.Com. III Year student, by means of application addressed to S.H.O. Police Station Krishan Nagar, Lahore. In report he mentioned that on 14-12-1985 at 10.00 a.m. He was standing near the main gate of M.A.O. College, Lahore. Shahid Bashir Beg, Khawaja Saad Rafique and Raja Jamshed Anjum were also standing with him, when all of a sudden Shamas Raza Khan armed with revolver alongwith six others, who were also armed with different weapons, came in Suzuki van. All of them alighted. Amir-ul-Azim shouted that today they would take revenge of the murder of Nawaz. Amir-ul-Azim and Tayyab Shaheen aimed at Jamshed Anjum. Both fired. One of the shots hit Jamshed Anjum in the abdomen. He fell down. Others who were fired at took shelter behind the walls. Jamshed Anjum was taken to the hospital, where the doctor certified that he was dead.
3. ' Shamas Raza Khan after he had been arrested applied for bail. He was allowed bail by an Additional Sessions Judge, Lahore by order, dated 1-2-1986. Hence this application.
4. ' I have heard learned counsel for the petitioner at full length. He has also submitted a detailed list of authorities which has been placed on the record. If need be I shall refer to those.
5. ' The first contention raised by the learned counsel was that the Additional Sessions Judge allowed bail to the respondent in a murder case by "utter ignorance of the averments of F.I.R. Wherein specific role of firing had been attributed to respondent No,1". Learned counsel argued that the observation of the Additional Sessions Judge that respondent's shot did not hit the deceased was no ground for bail. In this very sequence learned counsel submitted that the Additional Sessions Judge was influenced by the fact that the respondent himself surrendered before the police. This fact has no importance in a murder case. It was further submitted that the Judge erred in law in accepting the plea of alibi at the bail stage. Learned counsel concluded his arguments by submitting that it was a broad daylight, cold-blooded and premeditated murder. Hence the petitioner was not entitled to the concession of bail.
6. ' Application was opposed by the counsel for the respondent.
7. ' According to the counsel for the respondent the Judge being convinced that there was a prima facie case for bail exercised discretion in favour of the respondent. The discretion was exercised in accordance with the accepted principles a the administration of criminal justice dealing with bail matter in non-bailable offence.
8. ' The two counsel for the respondent submitted a list of authorities and also attached photostat copies of certain documents in support of their case as well as to support the order of the Additional Sessions Judge.
9. ' In view of the order I am going to pass I do not think it is necessary to refer to the case, law cited by the counsel for the petitioner as well as that of the respondent.
10. ' The following reasons weighed with the. Judge in admitting the respondent to bail:--
(a) "The record shows that the petitioner has produced evidence is support of his plea of alibi.
(b) It is also admitted that he himself surrendered before the pone authorities.
(c) He is in judicial lock up since 17-12-1985.
(d) No useful purpose will be served in keeping him behind the bars any more."
11. ' I have examined these reasons and considered the contention of the counsel for the parties. The reasons mentioned above are flimsy These cannot be taken as sound judicial reasons. The Judge mere mentioned the plea of alibi. He neither considered the evidence no discussed nor even adverted to the evidence produced by the respondent in support of his plea of alibi.
12. ' The mere fact that plea of alibi had been taken does not mean that it is to be accepted ipso facto.
13. Such a plea has to be examined especially at bail stage. The Court is to give reasons whether the ple: prima facie has any force or not. Otherwise the mere fact that an accused states that he was not present at the time of particular incident would amount to plea of alibi.
14. ' Similarly in a murder case the mere fact that the accused surrendered himself or that he is behind the bars and that no useful purpose will be served in keeping him in the judicial lock up are no sound reasons to allow bail in a capital offence.
15. ' No doubt the shot fired by the accused did not hit anybody and the fatal injury is attributed to some one else but this fact will have to be taken into consideration alongwith the rest of the relevant circumstances. The learned Additional Sessions Judge did not pay an attention to this aspect of the case.
16. ' In the absence of the cogent reasons the order admitting the respondent to bail is not legally.
17. Maintainable. It is an arbitrary order. Hence the bail of the respondent is cancelled. He shall be arrested and sent to prison forthwith.
18. ' After arrest it will be open to the respondent to move afresh for bail, which application shall be heard by the learned Sessions Judge, Lahore, himself and disposed of in accordance with law without being prejudiced either by the order, dated 1-2-1986 or by any observation made by me in this order. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.