AMANAT ALI Versus THE STATE

ORDER

Amanat Ali petitioner alongwith 2 others stands charged with the murder of Faqir Ali deceased. The matter was reported to the police by the petitioner himself implicating Maqsood, Barkat and Muhammad Ibrahim. Another story came to light when Faqir Ali deceased made the dying declaration on 3‑12‑1987 implicating Abdul Ghafoor accused as his sole assailant. According to him the occurrence was witnessed by Manzoor and Shah Muhammad. During investigation Manzoor and Shah Muhammad were examined. They stated that the present petitioner was also present at the time of occurrence and had abetted the crime by nodding his head. Consequently the petitioner was arrested.

2. Rail is pleaded on the ground that there is absolutely no evidence against the petitioner. There is no question of petitioner's nomination in the FIR because it was lodged by him. His name came to light for the first time when Manzoor and Shah Muhammad named in the dying declaration of Faqir Ali deceased were examined. They too have not alleged any direct role to him but merely stated that he was also present when Abdul Ghafoor fired at the deceased. Khadim Hussain co‑accused who has been released on bail by the learned Additional Sessions Judge was also said to be present alongwith the petitioner. It is further stated that he is not named in the dying declaration. The deceased had not even mentioned his presence at the time when he was fired at by Abdul Ghafoor. It is next submitted that he had no direct motive against the deceased.

3. Learned counsel for the State and the complainant have opposed the application on the ground that he had tried to deceive the police by making an altogether false report for the purpose of screening the real offenders from the punishment. It is also stated that he is equally liable or the crime because he had abetted it by nodding his head when his co‑accused Abdul Ghafoor was firing at the deceased.

4. As the petitioner is not named in the FIR or in the dying declaration and no injury is attributed to him in the statements made by Manzoor and Shah Muhammad P.Ws., I consider it a fit case for bail and order accordingly. He shall be released on bail subject to his furnishing bail bonds in the sum of Rs. 30,000 with two sureties in the like amount to the satisfaction of A.C., Ferozewala.

S.A./A‑367/L Bail granted.