' The petitioner seeks post-arrest bail in case F.I.R. No, 390 of 2000 registered at Police Station Harbanspura, Lahore under sections 302/109/148/149, P.P.C. At the instance of Muhammad Siddique father of the deceased.
2. Brief facts of the case are that wife of the complainant and Mst. Saddiqa Bibi were partners in committee business of Rs, 1,20,000 @ of Rs,2,000 per month. Mst: Saddiqa received Rs, 1,20,000 and stopped contribution of her share towards the committee. The committee dispute was referred to Babar Sohail Butt (petitioner) who took over the possession of house of Mst. Zohran Bibi situated in Nabeel Town, Lakhoder in lieu of the said amount.' The house was locked and key was handed over to the complainant. But after about 10/15 days, Babar Sohail Butt put his own lock on the house.
Muhammad Mehmood the deceased lodged a complaint against Babar Sohail Butt etc. To the police but the matter was patched up. Accused has been extending threats to the complainant. On 30-10-2000, petitioner got false case F.I.R. No, 539 of 2000 registered against Muhammad Mehmood (deceased) under sections 324 and 148/149, P.P.C. At Police Station, Baghbanpura, Lahore. On 9-11-2000, said Muhammad Mehmood along with Muhammad Ashiq, Muhammad Shahzad and Liaqat Ali were sitting on "THARA" of the shop of Gulfam. Qaisar Saleem Butt armed with 7.MM rifle, Inamullah Butt armed with 7.MM rifle sons of Muhammad Saleem Butt, Muhammad Saleem Butt son of Qaisar Saleem Butt armed with .30 bore pistol, Billa (Muhammad Imtiaz) armed with .30 bore pistol resident of Lakhoder along with two unknown persons armed with .30 bore pistol came on motorcycles and launched attack on Muhammad Mehmood. Deceased was hit by their fires on belly, chest, shoulders and hands. The accused after causing injuries to Mehmood fled away with their weapons. Muhammad Mehmood was taken to the Hospital by Muhammad Shahzad etc. But he succumbed to the injuries. Qaisar Saleem Butt, Inamullah Butt, sons of Muhammad Saleem Butt, Muhammad Saleem Butt son of Qaisar Sohail Butt, Billa (Imtiaz) son of Muhammad Rafique resident of Lakhoder and two unknown persons murdered his son.
Complainant also stated that his son was murdered at the instance of Sohail Babar (petitioner) and Amer Sohail Butt son of Muhammad Sohail Butt after thorough planning who got themselves involved in a fictitious case through Sohail Bashir, A.S.I., C.I.A. Cantt. By getting themselves arrested on the evening of 8-11-2000 so that they may get themselves saved on the plea of alibi on account of said arrest. Complainant further stated that unknown persons if brought before him and the P.
Ws. Mentioned in the F.I.R. Could be identified.
3. Learned counsel for the petitioner contends that petitioner is innocent. He has been implicated with the other members of the family by the complainant. He was arrested on 21-12-2000 but the trial has not commenced so far. Petitioner submits that allegation against him is only of conspiracy about murder of Muhammad Mehmood deceased. Neither he was present at the place of occurrence nor any other role is attributed to him. Case against him is of further inquiry.
4. Learned counsel for the complainant as well as State opposed the bail.
5. Heard record perused. Assistant Sub-Inspector on the basis of record states that petitioner is accused in case F.I.R. No, 455 of 1998 under section 302, P.P.C. (ii) 291 of 1996 under section 302, P.P.C. (iii) 244 of 2000 (sic) (iv) 517 of 2000 under section 302, P.P.C. In addition to the instant case.
The involvement of the petitioner in the aforesaid five cases indicate that he is a desperate and hardened criminal. He is specifically named in the F.I.R. As the master mind of the occurrence who has planned the attack whereby son of the complainant was killed. Plea of alibi and other submissions made by learned counsel for the petitioner regarding his innocence cannot be examined at this stage as same need deeper appreciation of evidence which is yet to be recorded by the trial Court. Petitioner has been placed in Column No, 3 of the Challan along with his co- accused. No, case for bail made out. Dismissed.