1. Granted.
2. By this application applicants Zahoor Ahmed Abro and Noor Hussain Abro are seeking bail in a case registered against them on 16-11-1995 at Police Station Warah, District Larkana. The date of occurrence in this case is said to be 10-9-1995 at 8-00 a.m. When Moulvi Muhammad Siddique was approached by his friends Noor Hussain Kalhoro, Haji Muhammad Deeper and Muhammad Ismail Kalhoro. They told him that applicants Zahoor Hussain and Noor Hussain had come at the main Ch2wk, 7fan Warah Town on a motor-cycle and a verse of Holy Qur'an (Is Allah not sufficient for His servant) was inscribed on the glass of speedometer dial of the motor-cycle. Moulvi Muhammad Siddiq was also informed by these witnesses that both the applicants belonged to Ahmedi sect and that therefore, they were Kafirs, Therefore, they had no right to have the verse of Holy Qur'an written on the glass of speedometer dial of the motor-cycle. On receiving such information Moulvi Muhammad Siddiq came to Chowk of the Town, where he found the applicants surrounded by other persons of Warah Town. He enquired from the applicants as to whom the motor-cycle belonged, to which the applicants replied that it was theirs and thereafter he enquired from them as to who had written the verse of Holy Qur'an on the motor-cycle. In answer to that question they claimed that they had written the verse. The complainant Moulvi Muhammad Siddiq then declared them to be Kafirs and told them that they had no right to write such verse of Holy Qur'an and that under the law of this country they could not disclose themselves to be Muslims and that they could not commit desecration of name of Holy Prophet (p.b.u.h.) and could not use the verse of Holy Qur'an in the manner they had used and that they were using this verse improperly. Moulvi Muhammad Siddiq went on to further state to the applicants that this verse was revealed in Glory of Holy Prophet (p.b.u.h.) and that the imposter head of Ahmadis by name Mirza Ghulam Ahmad Qadyani, had written in his book Braheen-e-Ahmadyya that these verses were revealed in his glory. Therefore, by writing these verses on the motor-cycle they have injured the feelings of Muslims. On this applicants are said to have replied that Ahmadis were Muslims and, therefore, they had a right to write these verses. Moulvi Muhammad Siddiq thereafter went to Warah Police Station and got the case registered. The police arrested the applicants and after investigation produced a challan against them for offences under sections 295-A, 295-C and 298-C, P.P.C. The bail plea of the applicants was rejected by the trial Court and, therefore, they have come to this Court for relief.
' I have heard the learned counsel for the applicants and learned State Counsel at length. Learned counsel for the applicants had denied the occurrence of the incident and stated that the case was the result of religious animosity between the applicants and extremists of the area who have scorn for Ahmadi sect on account of differences on religious opinions. Learned counsel for the applicants stated that the applicant Noor Hussain Abro had a strong alibi as at the given time and date he was performing his duties in the School in Village Anwarabad where he serves as A teacher in a Government School. He relied upon an attendance certificate issued by the Headmaster of that School showing the presence of the applicant Noor Hussain Abro at the relevant time and date in the School. Learned counsel for the applicant further relied upon an affidavit filed by one Faiz Muhammad Chandio claiming that the motor-cycle involved in this case belonged to him and that he was Muslim by faith, not belonging to Ahmadi or Qadyani sect. Faiz Muhammad Chandio claimed in his affidavit that the sticker of the verse of the Holy Qur'an was put by him on the dial of the speedometer of the motor-cycle for securing the blessings of and security from Almighty God.
Faiz Muhammad also produced the registration certificate from the Excise and Taxation Department showing that the said motor-cycle was registered in his name. Further the learned counsel for the applicant stated that Warah Police had secured the motor-cycle in question from the possession of Faiz Muhammad Chandio under the suspicion of being stolen property and, therefore, produced the same before the Sub-Divisional Magistrate, Warah for its disposal under section 523, Cr.P.C. After the usual proclamation the S.D.M., Warah on being satisfied that the motor-cycle in dispute belonged to Faiz Muhammad returned the same to Faiz Muhammad on Superdari on 19-121995. The order of the S.D.M. And the police report have been placed on record.
The purpose of the learned counsel in relying on these two documents is to the effect that the case requires further enquiry to find out the truth of the allegation of the prosecution witnesses that they had seen the applicants riding on that motor-cycle and that there was conversation between the applicants and the complainant Moulvi Muhammad Siddiq at the relevant time. The owner of the motor-cycle by name Faiz Muhammad Chandio has filed another affidavit before this Court expressly claiming that he did not belong to any sect of Ahmadis and that sticker of the Holy verse was put by him on the motor-cycle and that the motor-cycle was in his possession on the day of incident and he denied the incident on 10-9-1995. Learned counsel for the applicant tried to argue that even if the allegations of the prosecution were considered to be true, still this was the case for grant of bail as he cited the case of Rasheed Ahmad Khan alias Abdul Rasheed v. The State reported in 1988 PCr.LJ 1595 and the case of Mukhtar Ahmed v. The State 1988 PCr.LJ 2251. Learned counsel also relied upon the case of Mirza Muhammad Din Naz and others v. The State reported in 1994 PCr.LJ 747. Learned counsel appearing for A-G. For the State has however, opposed the grant of bail to the applicants.
' I have considered the arguments advanced at the bar and also gone through the relevant case papers, The police has applied sections 295-A, 295-C and 298-C. Provisions of sections 295-A and 295-C are reproduced hereunder for ready reference:-- "295-A. Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of the citizens of Pakistan by words, either spoken or written, or by visible representations, insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.
295-C. Whoever, by words, either spoken, or written, or by visible representation, or by any imputation, innuendo, or insinuation, directly or indirectly, defiles the sacred name of the Holy Prophet Muhammad (peace be upon him) shall be punished with death, or imprisonment for life, and shall also be liable to fine. "
On plain reading of the provisions abovementioned and the facts given in the F.I.R. Prima facie, attraction of these provisions of law is in doubt. However, it is left to the trial Court to consider on assessing the evidence whether these sections are attracted or not. However, at-the most provisions of section 298-C appear to be attracted from the facts of the case and a maximum punishment provided by section 298-C is 3 years, For convenience sake, provisions of section 298- C are also reproduced hereunder:-- "298-C. Any person of the Quadiani group or the Lahori group (who call themselves 'Ahmadis' or by any other name), who, directly or indirectly, poses himself as a Muslim, or calls, or refers to his faith as Islam, or preaches or propagates his faith, or invites others to accept his faith, by words, either spoken or written, or by visible representations, or in any manner whatsoever outrages the religious feelings of Muslims, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine."
The documents on record show that the owner of the motor-cycle has claimed that the sticker of the Holy verse was placed by him on the motor-cycle and that the motor-cycle was in his possession on the day of incident. The order of the Magistrate showing the Superdari of the motor- cycle in favor of Faiz Muhammad Chandio, the owner of the motor-cycle, shows his prima facie entitlement. Faiz Muhammad claims that he is not Ahmadi or Quadiani and, therefore, no offence appears to have been committed by placing the sticker on the motor-cycle reading {{URDU TEXT}}even if this motor-cycle is found in possession of the applicants. The offence, if any, falling under section 298-C could be made out when the conversation shown in the F.I.R. Between the applicants and the complainant Moulvi Muhammad Siddiq is proved. In any case, the order of the Magistrate handing over the motor-cycle on Superdari, and the claim of the owner of the motor- cycle Faiz Muhammad, cannot be lost sight of and is to be kept in juxtaposition of the prosecution story. By doing so I come to the conclusion that this is a case of further inquiry and, therefore, I find the applicants entitled to be released on bail. The application is, therefore, allowed. The applicants are ordered to be released on bail on their furnishing one surety each in the sum of Rs,1,00,000 (Rupees one lac) to the satisfaction of the trial Court. The observations in this order are tentative and may not influence the trial Court, who is free to form its opinion on considering evidence.