' Petitioner seeks post-arrest bail in case F.I.R. No,273 of 2001 dated 29-5-2001 registered under sections 302, 324, 148, 149, P.P.C. At Police Station Sadder Pakpattan Sharif.
2. Briefly, the prosecution case is that on 28-5-2001 at about 12-00/1-00 at night, the petitioner armed with .12 bore gun along with his co-accused Usman armed with Rifle, Maaham Ali armed with .12 bore gun, Umar armed with .12 bore gun, Habib Shah armed with rifle and two other unknown persons entered into the house of the complainant. Usman raised lalkara that nobody would be spared alive and at the same time fired with his rifle hitting right thigh of Muhammad Tufail deceased. Second fire made by ,the petitioner hit left thigh of the deceased, who fell down and succumbed to the injuries. Habib Shah fired at Imam Din hitting his left arm, whereas Usman fired at -the abdomen of Imam Din. On hearing report of firing, Muhammad Anwar and other villagers were attracted to the spot. The accused fled away along with their weapons while firing.
The motive behind the occurrence is enmity and litigation between the parties.
3. Learned counsel for the petitioner contends that the petitioner was arrested on 16-4-2001 in another case bearing F.I.R. No,177 dated 4-4-2001 registered at Police Station Saddar Yakpattan Sharif; and sent to jail on judicial remand and he remained there till 28-6-2001. He was released on bail on 28-6-2001 by the order of learned Additional Sessions Judge, Pakpattan Sharif, that at the time of occurrence of the instant case dated 28-5-2001, the petitioner was in jail, and as such, prosecution version regarding his participation in the occurrence is belied by the record.
4. Learned A.A-G has produced the relevant record and the certificate from the Superintendent, Central Jail, Sahiwal which confirms contention of learned Counsel for the petitioner that he remained in jail from 16-4-2001 to 28-6-2001. Learned A.A-G, however, opposes the bail petition on the ground that the petitioner was interrogated on 12-12-2001, wherein, he did not raise any plea of his detention in jail on the date of occurrence; that even during investigation, he did not lead any evidence in support of his contention that he was in jail on the day of occurrence.
5. Heard. Record perused.
6. The facts of the case, borne out from the record, are that the petitioner was arrested on 16-4- 2001 in case F.I.R. No,177 of 2001 by S.H.O. Police Station Saddar Pakpattan Sharif. The occurrence in the instant case allegedly took place during the night falling between 28th and 29th May, 2001. The petitioner was granted bail in the afore- referred case on 28-6-2001. During the period from 16-4- 2001 to 28-6-2001, he remained in jail. The record prima facie shows that petitioner was in jail on the day of occurrence i,e, 28-5-2001. The certificate issued by the Superintendent, Central Jail, Sahiwal placed on the record, indicates that he remained in jail from 16-4-2001 to 28-6-2001. This fact already establishes that he did not participate in the occurrence and was falsely implicated.
Since challan has been submitted, plea of the accused shall be examined by the trial Court at the relevant time but for the time being, his aforesaid version brings his case within the ambit of subsection (2) of section 497, Cr.P.C. For the aforesaid reasons, he is admitted to bail subject to his furnishing bail bonds in the sum of Rs,1,00,000 with one surety in the like amount to the satisfaction of the trial Court.