Abaid-ur-Rehman petitioner has moved this petition for bail in a case registered against him and others under section 302/34 of the P.P.C.
2. The prosecution version is that on 19-3-1988 Mohammad Younas deceased and his son Mohammad Abbas were taking milk to Sheikhupura City. At about 5-10 P.M. Muhammad Abbas sat down for urinating while his father proceeded on when all of a sudden Muhammad Shoaib, Mohammad Yaqoob and Abaid-ur-Rehman petitioner (sons of Mohammad), all armed with Khanjars, and Abdus Salam son of Moula Bakhsh, armed with a gun, came out of the Sem Nallah.
Mohammad Yaqoob exhorted his co-accused to kill Muhammad Younas and take revenge for the injuries caused by him to their father, upon which Abdus Salam fired at Mohammad Younas hitting him in the chest as a result of which he fell down. Thereafter all the accused attacked him.
Mohammad Shoaib gave him Khanjar blows on his neck and chest, Mohammad Yaqoob injured his abdomen and then Abaid-ur-Rehman petitioner gave him Khanjar blows on his back when he was writhing in agony. Abdul Salam accused kept standing nearby raising Lalkaras that whosoever came near would be done away with. In the meantime, Muhammad Mansha and Sardar reached the spot- They raised alarm attracting other people and on seeing them the accused persons took to their heels taking there weapons with them.
The motive for the offence was that 15/16 years earlier Muhammad Younas deceased had injured Muhammad, father of the petitioner and co---accused Muhammad Yaqub and Muhammad Shoaib. He was convicted but was acquitted in appeal.
3. Learned counsel for the petitioner contends that on receiving the firearm and sharp-weapon injuries at the hands of Abdul Salam, Muhammad Shoaib and Muhammad Yaqub, the deceased was lying with his back touching ground, therefore, it was not possible to give any khanjar blow on his back. He further submits that the petitioner is getting religious education at a renowned institution and a number of religious scholars had appeared in his defence-to say that he was present in the madrassa at the time of occurrence and was informed there by his mother that Muhammad Younus had been murdered. It is further submitted that the injuries attributed to the petitioner were simple in nature and although he remained in police custody for fourteen days, nothing incriminating was recovered from him.
The learned counsel for the complainant and the State, on the other hand, submit that the petitioner has been found involved by as many as three investigating agencies, he is named in a promptly lodged F.I.R. With a specific role and his co-accused Yaqub is still absconding, therefore, he is not entitled to the concession of bail.
4. I have considered the submissions made at the Bar in the light of the material available on the record. Perusal of the record reveals that the petitioner was arrested on 6-4-1988 from Madrassa Jamia Mohammadia, Toheedabad, Kanianwala. At the time of his arrest he took the plea that for the last 11/12 years he is learning the Holy Quran and has learnt it by heart. On 19-3-1988 when the occurrence took place he was present in the library of the Madrassa with a number of other persons. He was informed about the murder in the Madrassa by his mother Mst. Nazir Begum.
Many persons appeared before the investigating officer to support the prosecution version that all the accused, including the petitioner, had participated m the occurrence. Similarly a large number of persons appeared to support the plea of alibi raised by the petitioner at the time of the arrest.
They include Hafiz Muhammad Abbas, Muhammad Zikria, Muhammad Ashfaq, Ata-ur-Rehman and Muhammad Nawaz, teachers of the Jamia Mohammadia. They stated that on the day of occurrence Abaid-ur-Rehman (Petitioner herein) was present in the Jamia and had nothing to do with the occurrence. Muhammad Zikria stated that the petitioner was getting lessons of Tirmizi Sharif and Dars-i-Nizami from him and on the day of occurrence, i.e. 19-3-1988, he was getting lesson from him when his mother came running and told him that Younus had been murdered.
Besides the teachers, a number of students of the Jamia appeared during the investigation and offered to take oath on the Holy Quran to say that the petitioner was present in the Madrassa when this occurrence took place. After carefully examining the material available on the record I feel that the case of the petitioner needs further inquiry. The injuries (Nos. 9,10 and 11 found on the back of the decease attributed to the petitioner, were only muscle deep. In the circumstances of the case, bail cannot be declined merely for the reason that a co-accused has absconded unless it is shown that the petitioner had in any way facilitated his absconsion. This petition is, therefore allowed and the petitioner is admitted to the bail in the sum of Rs.25,000 with two sureties in the like amount to th satisfaction of A.C./ Duty Magistrate, Sheikhupura.
M.Y.H./A-694/L Bail granted