ARIF IQBAL HUSSAIN BHATTI, J. - Abid Shah and Ghulam Nabi have applied for post-arrest bail through Crl. M. No. 1687-B of 1995, while Munir Ahmad has applied for post-arrest bail through Crl..
Misc. No. 2202-B of 1995. All the accused are named as accused in the same FIR. Therefore, both these matters shall be disposed of by a single order.
2. Case: FIR No. 238/94 was registered on 13.9.1994, offences u/ss. 302, 395, 324, 429, 148/149 PPC, Police Station . Syedwala District Sheikhupura. The FIR was lodged by Khushi Muhammad complainant. He briefly stated in the FIR that the complainant alongwith family members were cultivating State land for the last 15 years. They were residing in Kotha built on the State land. In July, 1994 Abdul Rashid accused got the said land in auction and tried to evict the complainant party and a criminal case was registered. On the night between 12/13.9.1994 at 3 a.m. The complainant alongwith other family members was sleeping in the said Ihata, when Abdul Rashid, Bashir Shah, Munir Ahmad, Salim and Abid Shah came in the Ihata with l2 bore guns. Irshad Ahmad, Ghulam Nabi alias Gamman were armed with 7 mm rifle. The accused asked the complainant party to vacate the Ihata but they resisted. The accused party opened fires. The fires of Abdul Rashid and Bashir Shah hit Masta, who succumbed to the injuries at the spot. Munir Ahmad fired at Sakhi Muhammad PW but he escaped being hurt and the fire hit the bull. Salim hit Sakhi Muhammad with the but of the gun. Khushi Muhammad, Mst. Baluchan also received injuries at the hands of the accused. During investigation through supplementary statement the complainant and other eye-witnesses also named Faqir Hussain, Falak Sher, Khizar Hayat, Muhammad Akram and Gulzar as the co-accused armed with fire-arms, having participated in the commission of offence. The SHO and DSP Circle reported Abid Shah, Bashir Shah, Ghulam Nabi alias Gamman and Irshad to be innocent and their names were put in column No. II of the challan.
3. Learned counsel for both the petitioners inter alia submitted that the complainant part had widened the net and impleaded the maximum numbers of the family members and sympathizers of Abdul Rashid. The occurrence took place in the darkness of the night and the identity of such numbers of the accused was not possible by the PWs. Falak Sher, Khizar Hayat, Muhammad Akram were granted bail recently by the learned Additional Sessions Judge on the ground that Khushi Muhammad complainant and other relatives of Masta (deceased) sworn affidavits exonerating them from the commission of any offence. It was further argued that this Court granted bail to Muhammad Salim and Irshad. The case of the present petitioners is quite at par with the merits of the two accused, who were granted bail.
4. Learned counsel- for the complainant has opposed the grant of bail.
5. After the perusal of the record, I am of the view that the accused and the complainant party, both are to be blamed for the delay of the case as they were playing a game of hide and seek.
Abid Shah and Ghulam Nabi alias Gamman have been declared innocent and their names have been put in column No. II. The allegations against Munir is of in-effective firing and injuring the bull.
The case of these petitioners is quite similar to the case of the co-accused, who have already been granted bail. Consequently the three petitioners named above are granted bail in the sum of Rs.
50,000/- with two sureties in the like amount to the satisfaction of learned trial Judge.
6. The learned trial Judge is, however, directed to expedite the trial and if there is a delay on the part of the accused, he may consider the question of cancellation of bail of all the accused, who were granted bail by this Court.