JAVAID HUSSAIN Versus THE STATE Iqbal Mahmood Awan , Shah Nawaz Khan

ORDER

Muhammad Shafi complainant is brother of Karar Hussain father of present petitioners. On 31-1-1988 he got a case registered at Police Station Saddar Hafizabad regarding an occurrence which took place on 26-1-1988. It was stated by him in the FIR that he had got a case registered against his brother Karar Hussain to the annoyance of Javed Hussain, Tariq Hussain and Altai Hussain. On 26-1-1988 the three accused forcibly entered his house and snatched his gun valuing Rs.25,000. The police after registration of the case undertook investigation and arrested Javed Hussain and Altai Hussain accused. It is stated that their brother Tariq Hussain is serving in Islamabad. Hence this petition.

2. I have heard learned counsel appearing on behalf of the parties and perused the record. According to prosecution the two petitioners absconded after the occurrence. Javed Hussain petitioner was seen sitting in a garden by police party. He threw away the gun and ran away. No recovery was effected from Altaf Hussain. During this occurrence Muhammad Shafi complainant did not receive any injury on his person. The parties are closely related to each other and involved in inter se criminal litigation. The FIR was recorded after delay of 5 days. It is prosecution's own case that at the time of recovery the gun was not held by Javed Hussain petitioner in his hands. I find the case of the two petitioners to be that of further enquiry. Javed Hussain and Altai Hussain petitioners are admitted to bail on their furnishing bail bond in the sum of Rs.20,000 with one surety each in the like amount to the satisfaction of A.C./Duty Magistrate, Hafizabad.

H.B.T./J-37/L Bail granted.