' The petitioners are involved in case F.I.R. No,104/94, dated 22-7-1994 registered with Police Station Kalarwala District Sialkot at the instance of Muhammad Nawaz under section 302/324/148/149/337-A(ii), P.P.C., for an occurrence which took place in Miru Padhar on the same day at about evening time.
2. The post-arrest bail petition of the petitioners was dismissed vide order, dated 17-4-1995 passed by the learned Additional Sessions Judge, Sialkot. Hence this petition.
3. The facts, in brief, constituting the above said offence are; that on 22-7-1994, the complainant alongwith Amanat Azeem, Muhammad Akbar, Muhammad Yousaf, and Sultan Ahmed was coming from his fields and when they reached near the Haveli of Sultan Ahmed, found Muhammad Nawaz, Khalid armed with 7 mm rifle, Shahbaz Nawaz and Pervaiz armed with pistols and Zaheer Ashraf armed with .12 bore gun present in a thoroughfare street. Muhammad Nawaz raised Lalkara saying to kill them and fired a shot which struck Sultan Ahmed, who fell down. Thereafter, Pervaiz fired a shot hitting Muhammad Yousaf, who also fell down. Zaheer Ashraf gave butt blows which landed on the head of Amanat Azeem, Shahbaz Nawaz and Pervaiz resorted to firing and Mst. Bilqees sustained injuries at the hands of the accused. The inhabitants of the village entreated and got rescued the complainant party from the assailants. Sultan Ahmed succumbed to his injuries in the hospital.
4. The learned counsel for the petitioners has vehemently argued that Zaheer Ashraf, petitioner No,1 has been attributed simple injuries and his case does not fall under the prohibitory clause of subsection (1) of section 497, Cr.P.C. The petitioners did not cause any injury to the deceased.
Further, argues that the challan has been submitted in the Court and the petitioners are no more required for the purpose of investigation. The trial has not commenced and keeping the petitioners in the jail for an indefinite period will not serve any useful purpose. He strenuously argues that the bail is a principle and the refusal is an exception. The petitioners are innocent and have been falsely implicated.
5. Conversely, the bail petition was opposed vigorously by the learned counsel for the State as well as the learned counsel for the complainant.
6. I have heard the learned counsel for the respective parties and have also perused the record very minutely.
7. Admittedly, the occurrence took place in front of the Haveli of Sultan Ahmed, deceased in the village Miru Padhar whereas the assailants were the residents of Saboo Prehar which is statedly situated at a distance of more than two furlongs. The perusal of the record indicates that the petitioners alongwith their co-accused armed with lethal weapons mounted a murderous attack while covering the above said distance. They took the life of Sultan and injured three persons.
Muhammad Yousaf is still in the hospital and is statedly in a precarious condition. The matter was investigated initially by the local police and the named accused were found involved in the crime.
The investigation was got transferred by the accused persons and the same, thereafter, was carried out by Tariq Masood, D.S.P., Pasrur, who also came to the same conclusion. Lastly the investigation was transferred at the instance of the accused party and the entrustment was made to D.S.P. C.I.A. It was thoroughly investigated and he also reached the same conclusion. The successive investigations conducted by Gazetted Police Officers in view of the circumstances of the case, cannot be brushed aside so casually, though the opinion of the Investigating Officers is not binding while deciding the bail petitions. The petitioners after forming an unlawful assembly in furtherance of their common intention committed a heinous crime which definitely falls within the purview of prohibitory clause of subsection (1) of section 497, Cr.P.C.
8. The peculiar circumstances of the case are that the occurrence took place on 22-7-1994 and the arrest of the petitioners was effected on 13-8-1994 whereas Nawaz, Khalid and Pervaiz are already absconding ever since and they have been proceeded against under section 87/88, Cr.P.C. Pervaiz absconder is the real maternal-uncle of Zaheer Ashraf and paternal-uncle of Shahbaz Nawaz and Muhammad Nawaz is the father of Shahbaz and Khalid, co-accused and maternal-uncle of Zaheer Ashraf, petitioner herein. The accused are closely related with each others. The petitioners were too arrested after sixteen days of the occurrence whereas others are still at large, though the petitioners are not responsible for the absconsion of the others, yet they are not entitled to be given any concession of bail, in view of the circumstances of the case. Mst. Bilqees, who was injured during the occurrence on 22-7-1994 when medically examined, only fire-arm injury was found at the front of the lower part of her neck.
' The perusal of the record further reveals that she was the mother of one of the accused persons, but she sustained injuries at the hands of the assailants. The injury of the said lady was cured and she was relieved' from the hospital; but died on 3-1-1995 by her natural death. The plea of the accused that they were aggressed and Mst. Bilqees was murdered, was repelled in the investigation. The accused persons could not bring on the file any material to show that the complainant party had aggressed and Mst. Bilqees was murdered.
9. Keeping in view the circumstances of the case, I am not persuaded to allow the bail of the petitioners. This petition having no force is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.