MUHAMMAD AMIN Versus State

ORDER

M. A. SHAHID SIDDIQUI, J .--Muhammad Amin, petitioner has applied for bail before arrest in case F.I.R. No.5 of 2006 dated 9-1-2006 registered at Police Station Gulshan-i-Ravi, Lahore under sections 302/324/148/149, P.P.C.

2. According to the F.I.R. Abdul Kareem Butt, complainant accompanied by his sons Irshad Butt, Aqeel Shahzad Butt and their friend Khurram Qazi were proceeding towards the house of Abid Butt on 8-1-2006 at 9-35 p.m. when all of a sudden Luqman armed with 9MM rifle, Rizwan, Zubair, Umar and an unknown person armed with .30 bore pistol emerged near the house of Haji Sunaira. Luqman accused allegedly shouted and opened fire with his 9 MM rifle hitting Irshad Butt on his chest. The remaining accused also opened fire hitting on the chest, both flanks and thigh of Irshad Butt, Khurram Qazi also sustained injuries on his legs and thighs. Irshad Butt was being removed to Mayo Hospital when he died on the way.

3. After hearing the learned counsel for the parties and going through the record it has been found that the petitioner was not nominated in the F.I.R. lodged by father of the deceased. Even Khurram Qazi the injured P.W. in his statement under section 161, Cr.P.C. had not mentioned the name of the petitioner. The subsequent involvement of the petitioner by the witnesses whose presence is not reflected in the F.I.R. is open to inquiry. I, therefore, accept this petition and confirm the ad interim pre-arrest bail granted earlier to the petitioner.

H.B.T./M-3/L ????????????????????????????????????????????????????????????????????????????????????? Bail confirmed.