MUHAMMAD ASIF vs The STATE and another

ORDER

Through this petition, Muhammad Asif, petitioner seeks post-arrest bail in case F.I.R. No,121 dated 5- 4-2013 registered under sections 302, 324, 353, 427, 186, 109, 201, 337-F(iii),-337-F(v), 337-A(i), 34, P.P.C. read with sections 6, 7 and 21(i) of Anti-Terrorism Act, 1997 at Police Station Aimanabad, District Gujranwala.

2. The matter relates to an occurrence which took place on 15-4-2013 at 11-20 a.m. and the matter was reported to the police on the same day at 1-45 p.m. The F.I.R. was registered on the statement of one Iftikhar Ahmed, Constable/complainant who is injured P.W. of this case. In this occurrence three persons, namely, Gulfan Ullah, Hafeez Ullah, both police constables and Shahab Din alias Shahbu lost their lives whereas complainant Iftikhar Ahmed, Constable 1224 and Shabbir Hussain received injuries. The prosecution case is that complainant along with deceased persons and injured were going to Gujranwala Katchery to obtain remand of accused Shahab Din alias Shahbu (since died) and injured Shabbir Hussain from the court when on the way they were halted by a car in which four unknown persons were present and they resorted to firing in result of which the, occurrence took place. At that time Tehseen Constable co-accused of the petitioner left the car.

The role assigned to the petitioner and one Mian Liaquat was that of conspiracy. Later on,' complainant made supplementary statement on the same day and assigned the role of driving car to the petitioner. The petitioner was arrested on 23-7-2013 and during investigation nothing was recovered from him and ultimately he was found innocent and his name was placed in Column No,2 of the challan. This is the second bail petition. Earlier bail petition vide Criminal Miscellaneous No,11019/B of 2013 was dismissed on merits vide order dated 2-9-2013. The instant petition has been filed on the rule of consistency as co-accused of the petitioner, namely, Mian Liaquat having absolute same role has been granted bail by this Court vide order dated 12-11-2013 passed in Criminal Miscellaneous No,14050-B of 2013.

3. Learned counsel for the petitioner states that petitioner is innocent. In fact petitioner was complainant in earlier case in which Shahab Din alias Shahbu and his brother Shabbir Hussain were accused and for that he has falsely been involved. It is stated that petitioner was assigned the role of conspiracy alone in the F.I.R. and it was stated that the occurrence was committed by four unknown persons but later on he was assigned the role of driving the car in which he along with three other accused came at the spot and fired at the deceased but, no role of causing any firearm injury either to the deceased or the injured persons was assigned to the petitioner even in the supplementary statement got recorded by the complainant on the same day no role of firing was assigned to the petitioner. It is stated that during investigation he was found innocent by the I.O. and later on while submitting report under section 173, Cr.P.C. his name was placed in Column No,2. Further states that co-accused Mian Liaquat who was assigned the same role has now been released on bail by this Court and similarly Tehseen co-accused who was present at the place of occurrence has been allowed bail by the learned trial Court. So, the petitioner also deserves the same relief.

4. On the other hand learned counsel for one of the deceased Gulfan Ullah, Constable states that petitioner is duly nominated in the F.I.R.; that he was the person who brought all the three assailants to the place of occurrence so his involvement is evident; that trial has now commenced and the same is likely to be concluded in near future. Prays that this bail petition be dismissed.f

5. Learned Law Officer, however, admits that the petitioner was found innocent during investigation and for that reason his name was placed in Column No,2 of the challan.

6. We have heard-the learned counsel for the parties and perused the record. In F.I.R. role of the petitioner was that of only conspiracy. It is clear that the occurrence was committed by four unknown persons, later on, complainant made supplementary statement indicating that the petitioner was driving the car in which three other accused came at the spot and resorted to firing.

Petitioner was found innocent during investigation and in report under section 173, Cr.P.C. A his name was placed in Column No,2. Co-accused of the petitioner, namely, Mian Liaquat who was also assigned the same role has now been released on bail by this. Court vide order dated 12-11- 2013 passed in Criminal Miscellaneous No 14050-B of 2013. The petitioner is no more required for further investigation and as petitioner was complainant, of the earlier case in which deceased Shahab Din alias Shahbu and his injured brother Shabbir Hussain were accused so possibility of his false involvement in the instant case cannot be ruled out.

7. So, keeping in view the above circumstances, we think at this stage case of the petitioner remains that of further inquiry. Accordingly, this petition is accepted and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs,3,00,000 with two sureties each in the like amount to the satisfaction of the learned trial Court.

8. As trial is in progress so the trial Court, is directed to expedite the trial.