The petitioners, who alongwith others, are involved in a case under section 302/364/1(19/149/148, P.P.C. Arising out of F.I.R. No.55, dated 24-3-1990 registered at Police Station City Jhang, seek to be admitted to bail.
2. Learned counsel for the petitioners contended that there is general allegation against them that murder was committed due to the abetment /instigation of the petitioners, no specific injury caused to the deceased with any fire-arm or otherwise, has been attributed to them. Petitioner No.1 has been involved in this case falsely, being the Vice-President of Anjuman-e-Sipah-e---shaba on account of sectarian dispute between Shias and Sunnis of Jhang City. Petitioner No.2 at the time of the alleged occurrence was at Lahore, the case against him is absolutely false and fabricated one.
He further submitted, that petitioner No.1 was addressing a congregation in Masjid Ahl-e-Hadis at the time of alleged occurrence, when outside the mosque a time bomb exploded, killing three and causing injuries to twenty persons at the spot, at that time. Muhammad Younus deceased tried to escape, the mob considering him the miscreant, overpowered him and handed him over to Haji Bashir Ahmad Councillor for appropriate legal action. Petitioner No.1, after performing his religious obligations at Masjid Ahl-e-Hadis, returned to Lal Masjid, where he stayed for the whole night and led Fajar prayer and ensuing prayers of the day, thus he did not take part in this gruesome murder.
Petitioner No.1 has been mentioned as accused in the F.I.R., mala fide and maliciously, as he is the Vice-President of Anjuman-e-Isahaba, thus the case against both the petitioners is not free from doubt, as there is no eye-witness of the occurrence, so they are entitled to bail under section 497(2), Cr.P.C.
3. Learned counsel for the State assisted by the learned counsel for the complainant and the Police Officer, submitted that the petitioners are named in the F.I.R., specific allegation of dragging the dead body of the deceased has been levelled against them. Petitioner No.1 being religious leader and Vice-President of Anjuman-e-Ishaba, has direct motive to commit the crime, due to religious sectarian feelings, prevailing between the Shias and Sunnis of Jhang City. In the end, he submitted that as a result of police investigation, both the petitioners have been found guilty---thence there exist reasonable grounds to believe that they are involved in a case which falls within the propitiatory clause and they are not entitled to bail.
4. After hearing the arguments of the learned counsel for the parties and perusing the record I find substantial force in the submission of the learned counsel for the State that the case of the petitioners falls within the propitiatory clause of section 497, Cr.P.C. And they are not entitled to the grant of bail. In order to find out at the bail stage, whether there exist reasonable grounds to believe that the person is involved in a case which falls within the propitiatory clause or not the Court has to examine the following material i.e. The F.I.R., statements of the witnesses under section 161, Cr.P.C. And any other circumstantial evidence collected by the police during the investigation of the case.
Applying the aforesaid legal test to the facts of this case I find, there is sufficient material available on the record to believe that the petitioners are involved in a case which falls within the propitiatory clause of section 497 Cr.P.C. As they are named in the F.I.R. Lodged promptly, and all the prosecution witnesses have supported the prosecution case to the hilt. In addition to that they were found guilty during the investigation and they had prima facie the motive to commit the murder on account of religious/sectarian feelings prevailing in the city of Jhang at the relevant time, hence no case for the grant of bail is made out. This petition is dismissed accordingly.