BASHIR AHMAD Versus SABIR HUSSAIN

ORDER

This is a petition under section 497 (5), Cr.P.C., seeking cancellation of bail granted to the respondents in a murder case vide order dated 14‑10‑1987 passed by Additional Sessions Judge, Faisalabad.

2. Bashir Ahmad, complainant, reported at Police Station Jaranwala on 7‑8‑1987 alleging that on the fateful night his son Muhammad Sharif Mast (deceased) went out for answering the call of nature at 2.30 a.m. At 3.15 a.m he heard reports of gun‑fire whereupon he went out of the house alongwith Abdul Jabbar and Ali Muhammad PWs. He saw his son Muhammad Sharif Mast (deceased) lying in Square No.19 with gunshot injuries while Sabir Hussain and Muhammad Aslam, respondents, were found running away with guns in their hands at some distance. The deceased was removed to the house in injured state where he succumbed to the injuries after short while. The complainant suspected the respondents to be the murderers of his son because he happened to oppose one Mukhtar Ahmad, relations of the respondents, who had a land dispute with Riaz Ahmad Arain, A case under section 302/34, P.P.C. was registered and investigated.

3. During investigation it revealed that on the night of occurrence Zameer Makhdoom, Jawwad Khushnood and Addel Akhtar PWs happened to spot out a person moving about near the cattleshed of the respondents under suspicious circumstances. They called the respondents who came to the spot carrying their licensed guns. They saw a person (the deceased) standing near the corner of their cattleshed. They called him out but he did not reply whereupon the respondents mistaking him as thief fired at him and killed him. Thereafter they went near the dead body and found that he was Muhammad Sharif Mast who was son of the complainant and was an insane person. They told all about this to the complainant who removed his dead body from there. The police has however, submitted the challan under section 302/34, P.P.C. against the respondents.

4. Learned Additional Sessions Judge, Faisalabad, had allowed bail to the respondents observing that they had killed the deceased by firing at him taking him as a thief and acting in a rash and negligent manner. He further observed that the matter was one of further inquiry. Feeling aggrieved thereby the instant petition has been moved by the father of the deceased. I have heard learned counsel for the parties and also perused the record.

5. Admittedly the deceased was an insane person. He was not found in the Haveli of the respondents muchless to have committed theft. It is admitted that he was not armed at that time. Taking the case to the extreme, in the circumstances, the respondents could cause him any harm short of death under section 103, P.P.C. The case of the respondents thus prima facie falls under section 304, P.P.C. which is punishable with imprisonment for life. Consequently, I allow this petition and cancel the bail of the respondents. They shall be taken into custody and committed to jail during the pendency of their trial. Copy of this order be sent to the Ilaqa Magistrate and also to Superintendent of Police Faisalabad for compliance.

S.A./B‑50/L. Bail cancelled.