Malik WAHEED alias ABDUL HAMEED vs THE STATE and another

ORDER

' TASSADUQ HUSSAIN JILLANI, J.---Petitioner seeks bail in a case registered vide F.I.R. No, 716 dated 31-10-2010 under sections 302, 148 and 149, P.P.C. At Police Station Baghbanpura, District Gujranwala.

2. The prosecution story, briefly stated, is that the complainant along with Arshad Javed on a Motorcycle and his son Muhammad Tariq on another Motorcycle were going on Hafizabad Road towards Alam A Chowk and as they arrived near Bilal Road Corner, the accused mentioned in the F.I.R. Along with two unknown persons armed with fire arms attached them raising lalkara that Muhammad Tariq should not be spared and they resorted to fire. The motive alleged was a previous murder of complainant's son, namely, Muhammad Waris which case was pending trial and Muhammad Tariq was pursuing the case of the accused named in the said very case. The role attributed to the petitioner in the F.I.R. Was that he too fired at the deceased.

3. Learned counsel for the petitioner seeks bail on the ground that the petitioner has been falsely implicated in the case on account of the previous-murder feud and that no specific injury was attributed to him. During the occurrence in two successive investigations he was declared innocent and the final report submitted under section 173, Cr.P.C. His name was placed in column No,

2. Adds that despite the submission of the afore -referred report under section 173, Cr.P.C., the complainant did not file. Any private complaint to challenge the findings of the police report.

4. The learned Additional Prosecutor-General though does not deny that the petitioner was declared innocent twice and that his name has been placed in column No,2, yet he adds that mere opinion of the police should not be weighed with the Court as petitioner was specifically named in the F.I.R. To have fired at Muhammad Tariq deceased.

5. We have heard the learned counsel for the petitioner as also the learned Additional Prosecutor- General. We had issued notice to the complainant on 8-6-2011, but we have been informed by the police official, who has brought the record, that an attempt was made to effect his service but he is fugitive at law as he is wanted in another murder case. We know that enmity existed between the parties over blood feud and the possibility of the widening the net cannot be ruled out. In the instant case as well petitioner was not found by the police to be involved in the matter; that he was declared innocent in successive investigations and nothing was recovered from him. Admittedly no specific injury is attributed to him and two of the co-accused, namely, Tanvir and Naveed have already been granted bail and there is nothing on record to indicate that the complainant filed any petition for cancellation of bail.

6. In the afore-referred circumstances, the question of petitioner's bail would require further inquiry and on that score he has made out a case today. Consequently, by converting this petition into an appeal, it is allowed and subject to petitioner's furnishing bail bonds in the sum of rupees two lacs with two sureties in the like amount to the satisfaction of the trial Court, he shall be released on bail.