' The petitioner has moved this application for post arrest bail in case F.I.R. No,248 of 1997 registered on 22-9-1997 under section 459/397, P.P.C. At Police Station Jalal Pur Pir Wala, Multan.
2. The prosecution case as is evident from the F.I.R. Is that Hafiz Ghulam Nabi complainant alongwith his sons Hafiz Abdul Shakoor and Yousaf was sleeping at his residence on the night of occurrence i,e, 21/22-9-1997 and was awakened at 3.30 a.m. On hearing a noise and Subtain petitioner armed with. 30 bore pistol was found to have done so. He asked the complainant to hand over everything to him otherwise he would be killed and he jercked him by holding by his collars. In the meantime his sons Abdul Shakoor and Hafiz Muhammad Yousaf also woke up. The petitioner was over powered. Abdul Shakoor aforesaid tried to catch hold of the petitioner but the latter fired at him and he luckily escaped. The complainant and the petitioner also scuffled to each other and the former sustained injuries also. Then the petitioner fired second time but the fire misread. The complainant and his both sons captured the petitioner and in the meantime residents of the Mohallah also reached there. All of them gave slaps to the petitioner. Thereafter, the petitioner alongwith 30 bore pistol was produced before the police and the present case was got registered.
' I have heard the learned counsel for the parties and perused the record.
4. Learned counsel for the petitioner contends that due to the enmity of the police which resulted on the case of F.I.R. No,209 of 1996 having been registered against police officials of the same Police Station including Abdul Latif S.H.O. At the instance of Razia Batool sister of the petitioner and the case being that of further enquiry also due to the factum that no injury was caused to any of the complainant or the witnesses and nothing having been looted from them. It is further contended that the petitioner is student of 9th class and being of tender age has been in the judicial lock-up for the last about 9 months and he was arrested on 22-9-1997. For the reasons the petitioner may be allowed bail.
5. Learned counsel for the State has opposed the petition. He contends that the petitioner trespassed into the house of the complainant while armed with firearms and fired at him and the complainant has luckily escaped. The petitioner tried to also snatch the valuables from the complainant and his sons but was caught red-handed. For the reasons the petitioner does not deserve to be bailed out.
6. The petitioner is admittedly student of 9th class and though was caught red handed, he could not be able to have stolen away by snatching away any valuables from the complainant and his sons. The complainant and the petitioner have no injury on their persons. The petitioner fired from close range but could not hit the petitioner. All the circumstances go to render it a case of further enquiry in view of the fact that F.I.R. No,209 of 1996 was registered at the instance of Mst. Razia Batool sister of the petitioner and in that case it was alleged that the police had abducted the elder brother of the petitioner and tortured him. The allegation shows that Abdul Latif S.H.O. Was also complained against and also one of the sons of the complainant who was a Razakar of the police also involved therein. The enemity, as such, having been nourished against the complainant stands established thereby. Reliance is placed on Munir Ahmad v. The State (1993 M LD 2272).
"I have heard the learned counsel for the petitioner and gone through the file. As far as the registration of cases against the police officials of the police station is concerned, they have been accepted by learned counsel for the State, because the same is borne out from the record.
Learned counsel for the State could not refute the assertion that the witness from public is a witness who is already a prosecution witness in 63 cases, mostly of similar cases. In these circumstances, case against the petitioner does become of further inquiry. Therefore, Munir Ahmed petitioner is allowed bail provided he furnishes security..."
In view of the above observations of law, the possibility of false implication due to mala fide of the police because of enmity and initiation of false case against the petitioner is not ruled out. For the reasons the petitioner is held entitled to the grant of bail.
6. Consequentially, the petition is accepted and the petitioner is admitted to bail subject to his furnishing bail bond in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of Trial Court.