RAJA NISAR AHMAD Versus THE STATE

ORDER

The petitioners Raja Nisar Ahmad and Arshad Mahmood, who alongwith other ,co‑accused, are involved in a case under section 395/448, P.P.C read with section 17 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979; arising out of F.I.R. No. 60, dated 23‑1‑1988, registered at Police Station Ravi Road, Lahare, have sought to be released on bail.

2. It has been alleged in the aforementioned F.I.R. that the complainant Mansoor Ahmad son of Zainul Abedin was an employee of Qureshi and Company, Caltex Petrol Pump, Ravi Road, Lahore and that one Talaat Mahmood was the dealer and owner of the Petrol Pump. It has also been alleged that in 1985. the dealership of the petrol pump was purchased by Abdul Rehman Cheema, Advocate, with the consent of the company, but on 23‑1‑1988, when the complainant accompanied by Mushtaq Ahmad Salesman and six other persons was present at the pump at 4.30 p.m. a Toyota Car and a. Jeep bearing Registration No. 305/LEM came at the PumP. Sultan Mahmood alias Hamad Murtaza, Matiullah, Raja Nisar Ahmad petitioner and eight other persons armed with fire‑arms alighted from the vehicles. Raja Nisar Ahmad, Matiullah and Sultan Mahmood exhorted the other co‑accused to take possession of the petrol pump. The assailants caught hold of the complainant and his other companions. They were man‑handled; key of the safe was forcibly taken from the complainant and a sum of Rs.30,000/31,000 was taken out of the drawer of the table. They also took into possession the entire record of the pump. In the meantime Malik Muzammal and his servant Muhammad Khan, who were present on the other side of the road, informed Ravi Road Police on telephone. They also challenged the assailants, whereupon Sultan Mahmood and Matiullah made good their escape in their car. In the meantime, the Police arrived and apprehended the remaining assailants and recovered the fire‑arms from them.

A gun is alleged to have been recovered from Arshad Mahmood petitioner while a pistol has allegedly been recovered from Raja Nisar Ahmad. Admittedly both these arms are the licenced weapons of Raja Nisar Ahmad and Arshad Mahmood, respectively.

3. As per contents of the F.I.R. petitioner No.1 Raja Nisar Ahmad A was empty handed at the time of the alleged occurrence. The co -accused, namely, Liaqat Ali, Wali Muhammad, Munir and Muhammad Yousuf have already been admitted to bail on 2‑4‑1988, while deciding Criminal Misc. No. 866‑B of 1988. Precisely the same role, which has been attributed to the petitioners, was attributed to the said co‑accused. The petitioners are, therefore, also admitted to bail, without prejudice to the merits of the case, in the sum of Rs.30,000 (Rupees thirty thousand only) each, with one surety each in the like amount to the satisfaction of the A.C. City, Lahore.

S.A./N‑129/L. Bail granted.