Petitioner seeks bail in case F.I. R. No. 322 of Police Station Lalamusa, under section 420/302/364/34, P.P.C. The case was initially registered under section 420, P.P.C. On 8-11-1984. During investigation it transpired that Abdur Rashid, brother of Bashir Ahmed complainant had been murdered. Offences under section 302/364/34, P.P.C. Were added thereafter.
2. According to the F.I.R. Faizul Hassan, co-accused of the petitioner, who is grandson of Muhammad Hanif, used to claim that he could make arrangements for employment abroad. The complainant and his brother Rashid deceased were deciles of Muhammad Hanif. Faizul Hasan visited them and offered to make arrangement for employment abroad for Rashid deceased. He told them that normally Rs.14,000 would be required for that purpose but he will be prepared to accept Rs.7,000 and the remaining Rs.7,000 may be paid by Rashid after having gone abroad.
Faizul Hassan, his father Ghulam Sarwar and his grand-father Muhammad Hanif, took away Rashid on 1-9-1984, in the presence of the complainant and other witnesses. Before that Faizul Hassan had received a sum of Rs.7,000. Later on, a letter purporting to have been written from abroad by Rashid was received by the complainant. The letter was read out by one Riaz, a neighbour of the complainant. Father of complainant felt suspicious and remarked that the letter had not been written by Rashid. After about a month, Faizul Hassan against visited the house of the complainant and assured that Rashid was all right and was serving abroad. He told the complainant and his father to name ten persons for employment abroad. Some persons came forward and paid a sum of Rs.80,000 to Faizul Hasan. A month thereafter, complainant went to the house of Faizul Hassan to inquire about the welfare of Rashid, where he met his father Ghulam Sarwar. Ghulam Sarwar sent him back by assuring that Rashid was all right. The complainant alongwith his parents again approached them after some time. On their insistence, Muhammad Hanif and Ghulam Sarwar bluntly told them that they did not know what had happened to Rashid, nor they were responsible for anything and that they may look for him and may do anything they choose to. The complainant thereafter lodged the F.I.R. At Police Station Lalamusa on 8-11-1984.
3. During investigation, Muhammad Hanif, Ghulam Sarwar, Faizul Hassan, Muhammad Arif, Tasawar Ali and Zafar Iqbal petitioner were arrested under section 302/364/34, P.P.C. On conclusion of investigation, however, Muhammad Hanif and Ghulam Sarwar were placed in Column No.2 of the challan, while challan was submitted against others under section 420/302/364/34, P.P.C.
4. Learned counsel for the petitioner contended that the petitioner was not named in the F.I.R. And that he had nothing to do, about the affair of assurances given by his co-accused Faizul Hassan etc. For providing employment abroad to Rashid deceased, nor any allegation has been made against him of having received any money from any person. According to him nothing was recovered from the petitioner during investigation and nobody came forward to depose that he had seen him committing the murder. Learned counsel stated that the petitioner has been arrested only, on the basis of a statement made by Faizul Hassan, co-accused, to the police in the presence of Ghulam Sarwar son of Qadar Dad and Ghulam Muhammad son of Muhammad Hussain, while pointing out the place where Rashid was allegedly murdered. According to him, Faizul Hassan had stated that he had murdered Rashid by firing two shots at him and had thrown the dead body in the ditch along the canal with the assistance of Arif, co-accused, and that on their instructions Zafar Iqbal petitioner had taken up position at the point indicated by them, to warn them by raising a Kook (shriek), in case he finds anybody coming towards that side.
5. Learned counsel for the State has not controverted the contentions of the learned counsel for the petitioner.
6. In view of the fact that there is no eye-witness account, nor the petitioner was named in the F.I.R., neither anything has been recovered from him, nor had he made any confession, judicial or extra judicial, reasonable grounds do not appear of his having committed the A offence, at the present stage. He is, therefore, directed to be released on bail, on his furnishing a bail bond in the sum of Rs.20,000 with two sureties in the like amount, to the satisfaction of the Assistant Commissioner, Kharian.