JUDGMENT S.M. ZUBAIR J.- The petitioners, who are involved in a case under Sections 302/34 and 109 P.P.C, arising out of F.I.R.
No. 38 dated 16.3.1994 registered at Police Station Baigowal District Sialkot. Seek to be admitted to pre-arrest bail. The were admitted to ad-interim bail vide order dated 3.4.1994 passed in Crl. Misc.
No. 235/H of 1994 with the direction that the petitioners should file a formal application for their pre-arrest bail. Pending decision of this petition Muhammad Jameel complainant filed Crl. Misc.
No. 2117/B/C of 1994 for recalling of the aforesaid order. This order shall dispose of both' the petitions.
2. The facts relevant for the disposal of these petitions-are that Mst. Zahida Sultana filed Crl. Misc.
No. 235/H of 1994 for the recovery of Ghulam Mustafa. Faryad, Ijaz and Muhammad Arshad from the illegal detention of S.H.O, P.S. Baigowala District Sialkot. On 2.4.1994 a bailiff was deputed to recover the alleged detenus (petitioners).-The bailiff raided Police Station Baigowala and recovered the detenus, It was found that they bore marks of torture on their persons and corresponding entry of their arrest was not shown in the daily diary, so they were admitted to pre- arrest bail vide order dated 3.4.1994 referred to above because the police took up the plea that they are involved in the aforesaid case. On the aforesaid date i.e. 3.4.1994 under the direction of this Court a case was registered against Javid Aslam S.H.O., Police Station Baigowala and the investigation was ordered to be entrusted to a DSP. The petitioners were also directed to join the investigation.
3. Learned counsel for the petitioners Contended that the petitioners are not named as accused in the F]R referred to above and the police out of vengeance and niala-Jidely wanted to involve them falsely and malaciously in this case, as such the\ are entitled to pre-arrest bail.
4. Learned counsel for the complainant who has asked for the cancellation of bail of the petitioners argued that the complainant was allured by Ghulam Mustafa petitioner to lodge a false case against Muhammad Ayub and Majid with whom he has some litigations, actually the petitioners are the real culprits who killed the minor boy so the interim bail granting order may be recalled.
5. The learned Addl. Advocate General had candidly conceded this fact that it was an unwitnessed crime in which the local police inconvenience with the complainant as well as the petitioners by twising the real facts had shown it as witnessed crime and named Muhammad Ayub and Majid as the culprits. Later on. It transpired that the present petitioners Were involved in this case and. In fact, the murder was committed with their connivance, therefore, Muhammad Jameel complainant made a supplementary statement on 21.3.1994.
6. I have heard the learned counsel for the parties at some length and have perused the record.
From a perusal of the material discussed above, one thing is very much clear that the present petitioners are not nominated accused in the FIR. It was only after the case was registered against the S.F.O. The complainant in connivance with the police has malaciously involved the petitioners in this case as accused persons, admittedly in a blind murder case. As the nomination of the petitioners as accused persons in this case is with ulterior motive and the police also wanted to arrest them mala-Jidefy, so this is a fit case in which pre-arrest to the petitioners be confirmed, and I order accordingly.
7. Resultantly, in view of the above, the petition for cancellation of bail is dismissed in limine.