The petitioner, Jehangir Khan, is an accused of murder of two Police Constables, namely, Umar Liaz and Gul Nawar and ineffective attempt at the lives of Muhammad Idrees, S.H.O., Muhammad Shoaib, Badruddin, Akram Khan and Daftar Khan, Police Constables by firing at them which took place at 11-45 a.m. On 7-6-1989 and on the basis of which a case under sections 302, 307, 332, 333, 341, 353, 120, 147, 148 read with section 149, P.P.C. Was registered vide F.I.R. No.118 dated 7-6-1989 at 12-45 p.m. At Police Station Domel.
2. The prosecution case is that the accused-petitioner, Jehangir Khan, was arrested on the charge of conspiring with and instigating his tribesmen of Wazir Bizen Khel to block Bannu Kohat road at the Bizen Khel Turn; that in pursuance of his criminal conspiracy and at his instigation, his sons, Adil Jehangir, Muazzam Jehangir and others did block the road on 7-6-1989 and that after their failure to dictate their terms upon the local administration, the aforesaid persons named in the F.I.R. And many others started firing at the Police Contingent resulting in loss of lives of the two Police Officials aforesaid. In consequence, the accused-petitioner was formally arrested in this case because he was already in custody in another case.
3. Mr. Sanaullah Khan Gandapur, assisted by S. Zafar Abbas Zaidi, his Advocates, maintained that there was not an iota of evidence that Bannu-- Kohat Road was blocked at Bizen Khel Turn at the instigation or in pursuance of criminal conspiracy of the petitioner, because he was lodged in jail at the time and day of occurrence. They also urged that the accused-petitioner could neither be declared as a proclaimed offender nor had he absconded and proceedings have been fictitiously initiated towards that end. In this context, reference was made to the petitioner's election as member of District Council, Bannu, the oath administered to him by the Deputy Commissioner and the Minutes of Meetings dated 31-5-1988, 8-6-1988 and 28-11-1988.
4. As against this Mr. Ejaz Muhammad Khan, Assistant Advocate---General, has opposed the plea of bail raised on behalf of the petitioner on the ground that in pursuance of the criminal conspiracy and instigation of the petitioner, his co-accused as members of an unlawful assembly within the meaning of section 141, P.P.C. Resorted to indiscriminate firing with lethal weapons at the Police Contingent causing death of two Constables and inflicting fire-arm injuries to other Police Officials.
On the basis of these allegations, the learned Assistant Advocate-General submitted that the petitioner was not entitled to the concession of bail, in that his case squarely falls within the prohibition contained in subsection (1) of section 497, Cr.P.C.
The only allegation against the petitioner is that he instigated his tribesmen and his co-accused to block the Bannu-Kohat road in order to press their demand to remove the Police Barrier which had been raised near Bizen Khel Turn and on account of which the tribesmen are constantly teased by the Policemen posted at the Barrier. Admittedly he was not present at the spot when the unruly mob resorted to the alleged firing. In consequence, I have formed the opinion that there are reasonable grounds to believe that the petitioner is not guilty of the long list of offences with which he had been charged and that there are sufficient grounds for further inquiry into his guilt.
6. In view of what has been discussed above, by my short order, dated 21-4-1990, the petitioner was admitted to bail in the sum of Rs.1,00,000 with two sureties in the like amount each to the satisfaction of any Magistrate of First Class, Baanu. The above are the reasons for my doing so.