' Moin-ud-Din petitioner is asking for his post-arrest bail in the case F.I.R. No.688,dated 27-9-2002 registered at Police Station Phool Nagar under sections 302, 109, 148, 149, P.P.C.
2. The occurrence relates to 27-9-2002 and the F.I.R. Was registered on the statement of Muhammad Arshad. According to whom at about 8-30 p.m. He was present in his house alongwith his father and brother and they were engaged in conversation near the main entrance of the house where an electric bulb was also lit. When Muhammad Shafique and Ghulam Mohy-ud-Din armed with pump-action guns, Moin-ud-Din present petitioner armed with .12 bore gun, Muhammad Aslam and Ghulam Mohy-ud-Din also armed with .12 bore gun Ashiq armed with carbine, Jabbar armed with .12 bore gun alongwith an unidentified person who too was armed came there. That Mohy-ud-Din and Muhammad Shafique called the complainant's father and brothers who went to hear them. That his brother Saeed Murad and Muhammad Aslam and his father were asked to accompany the accused and they went with them followed by the complainant. Abdur Rehman and Abdul Sattar, when they had covered some distance, Shafique arrested his father and his brother and that they were responsible for the death of his father and exhorted his companion to attack and Shafique fired a shot by Mohy-udDin hitting his father on his abdomen. Mohy-ud-Din also fired a shot hitting Saeed Ahmed on his abdomen. Asia fired a shot on Saeed Ahmad which hit him on the back side of his right shoulder who too fell. Mohyud-Din (petitioner) also fired a shot at the fallen Saeed Ahmad hitting him on the right shoulder and left hand. Mohy-ud-Din repeated his third fire which hit Muhammad Aslam on his waist and left shoulder, Jabbar also fired a shot hitting Muhammad Aslam on his neck. The unknown person also fired a shot hitting Muhammad Aslam on his waist, who too fell. Later all of them went away and two brothers of the complainant. The motive behind this occurrence is a previous murder of Muhammad Hussain (sic) to have been committed by the complainant party in the case.
4. The main ground urged for bail is that the petitioner Mohy-udDin has been exonerated by the police and has been placed in Column No.2 of the challan.
5. Learned counsel for the complainant's side argued that the ipsi dixit of the police was not to be followed and as the petitioner is nominated in the F.I.R., his bail application be rejected.
6. Mehboob Ahmad, DSP was summoned as he was the one who had exonerated Moin-ud-Din being an Investigating Officer and whose investigation was endorsed by the S.P. Concerned, and because of which a report under section 173, Cr.P.C. Is now stated to have been filed. The DSP referred to his Zimni Nos.28 and 29, dated 10-12-2002 and 13-12-2002 respectively, which are detailed and reflect the evidence collected by him for arriving as such a conclusion. The witnesses produced by Moin-ud-Din petitioner had unanimously stated that he at the relevant time was present in a mosque for offering prayer alongwith the witnesses of the plea of alibi.
7. Under the circumstances, although the petitioner is nominated in the F.I.R., it is yet to be seen whether he actually committed the offence as has been reported in the F.I.R. This Court, therefore, admits him to bail provided he furnishes bail bonds in the sum of Rs.1,00,000 (one lac) each with two local respectable sureties in the like amount to the satisfaction of the Trial Court.