IMDAD ALI Versus State

ORDER

1. SYED SHABBAR RAZA, RIZVI, J.--- The petitioner has filed this application for post-arrest bail in cross-version of F.I.R. No.83 of 2005 dated 12-2-2005 under sections 302, 201, 109 and 34, P.P.C., registered at P.S.. Kotwali District Jhang.

2. Briefly, according to the F.I.R., which was actually lodged on the complaint of the petitioner, Faiz Muhammad, husband of petitioner's sister Humaira Bibi was murdered; the petitioner/complainant suspected one Muhammad Iqbal responsible for the occurrence on the ground that said Muhammad Iqbal had developed illicit relations with Sadia niece of complainant petitioner and the said Muhammad Iqbal started teasing and harassing Mst. Sadia daughter of deceased and niece of petitioner complainant. The deceased Faiz Muhammad brought his family to his village No.475/GB but the said Muhammad Iqbal followed them even in the Chak No.475/GB. The deceased Faiz Muhammad and, petitioner complainant married Mst. Sadia Bibi with Intizar Hussain in Gujranwala which fact was not proved by the said Muhammad Iqbal. However, one Imtiaz Hussain recorded a cross-version wherein he implicated Ghulam Abbas alias Basoo, Gulshan alias Gosha, Mst. Humaira, the wife of the deceased and petitioner/ complainant of the F.I.R. According to this cross-version Mst. Humaira, wife of the deceased developed illicit relations with Ghulam Abbas, the deceased Faiz Muhammad had beaten Mst. Humaira Bibi which was not proved by the petitioner/ complainant of the F.I.R. being a real brother of Mst. Humaira, hence deceased Faiz Muhammad was killed by the accused persons mentioned in the cross-version.

3. The learned counsel submits that learned ASJ did not grant bail vide order dated 27-10-2005 only on the ground that the petitioner remained fugitive from law. However, this Court granted bail to co-accused Humaira on the ground that I.O. had found Mst. Humaira Bibi innocent and that she was a woman. In the case of the present petitioner also the I.O. declared him innocent vide daily diary dated 6-7-2005. Likewise, D.S.P./acting S.P. Investigation Jhang vide his daily diary No.24/05 declared present petitioner innocent, therefore, there is sufficient material and grounds in this case for further inquiry. In this regard a reference may also be made to Dr. Muhammad Aslam v. The State 1993 SCMR 2288.

4. For the reasons discussed above, this bail application is allowed subject to petitioner's furnishing surety bonds in the sum of Rs.70,000 with one surety in the like amount to that satisfaction of trial Court/Ilaqa Magistrate.

5. H.B.T./I-44/L Bail granted.