AKHTAR HUSSAIN Versus THE STATE

ORDER

Petitioner an. accused of the case registered vide F.I.R. No. 193 of 26-4-2000, under section 302/324/148/149, P.P.C. Police Station, Khurrianwala, District Faisalabad alleging the subjection of .12 bore repeater shot on Abdul Ghaffar's left flank to whom Nisar Hussain supplemented gunshot wound on the left upper-arm and the petitioner likewise injury on left wrist subsequent where to the assailants conjunctively subjected him to multitudinal tiring landing on his left arm and back to whose rescue his brother Nusrat Iqbal interjected to whom Abdul Majeed caused gunshot wound on the back to which both succumbed on the spot: whereafter their accomplices Abdul Latif and Muhammad Sharif alias Shaman caused injuries to Mumtaz Hussain and Mst. Daulat Bibi, subsequent to the rejection of his pre-arrest bail petition by a learned Additional Sessions Judge, Jaranwala on 20-5-2000 preferred the present petition.

2. Wherein, he was allowed ad interim pre-arrest bail on -31-5-2000, confirmation whereof is presently being sought.

3. Contending that the medical evidence contradicts the ocular account for the ascribed injury on the left wrist of Abdul Ghaffar deceased is non-existent and has been maliciously involved being an elder in the family of 75 years plus who while availing ad interim pre-arrest bail from the Sessions Court had joined the investigation wherein, he was though opined to be around but was not found to have participated in the occurrence whose presence is fairly natural for the incident having occasioned right across his place of abode where the complainant party had launched the assault; further admitted non-recovery of any crime empty from the venue despite the alleged multitudinal firing by half a dozen persons adversely reflects on the prosecution story as to extension of the net too wide, in view whereof the recovery of any crime weapon would not advance the prosecution story.

4. Which has been opposed by the learned counsel appearing on behalf of the complainant as well as the State reiterating the prosecution story without dislodging the contentions urged ex facie constituting sufficient grounds for further enquiring into the petitioner's involvement in. the offence charged including the plea of mala fides.

5. Consequently granting the petition the ad interim pre-arrest bail allowed to Akhtar Hussain petitioner is hereby confirmed.

Bail before arrest confirmed.

N.H.Q./A-138/L