CHIRAGH SHAH Versus THE STATE

ORDER

The petitioner apprehends immediate arrest under section 10/ 11/18 of the Offence of Zira (Enforcement of Hudood) Ordinance VII of 1979 read with section 307/452, P.P.C. He has petitioned for being admitted to anticipatory bail.

2. According to the F. I. R. in the moonlit night intervening 30/31st of July, 1985. Muhammad Afzal, the complainant was asleep in the courtyard of his residential house. At about midnight, he was awakened by the shrieks of his wife Mst. Shamshad and he saw the petitioner and his accomplices trying to forcibly abduct Mst. Shamshad. The complainant raised an alarm and Muhammad Rahim, Nazar Hussain. Wahid Bakhsh and other neighbours came there. They were identified by the by‑standers in the moonlight. The petitioner and his accomplices fled away towards the south who were chased and it is alleged that Chiragh Shah and Imam Bakhsh who were armed with fire‑arms, fired one shot each but they missed the aim and the petitioner and his accomplices succeeded in running away. The motive for the commission of this crime is stated to be that the complainant imparted a secret information to the police regarding the drunkenness of Gul Amir Shah, the brother of the petitioner and in order to wreak vengeance, they abducted his wife and fired at them.

3. According to the F.I.R. Mst. Shamshad was not taken very far nor any one of the inmates of the village was injured. The petitioner attributes the registration of this case to his political rivalry against Ghulam Shabbir Barbra, Advocate, who is also a political figure. In the circumstances, I allow interim pre‑arrest bail to the petitioner in the sum of Rs.40,000 with two sureties each in the like amount to the satisfaction of the A . C. /Duty Magistrate, Alipur till 4‑11‑1985. Notice to the State may be issued. The police record may be summoned. The petitioner is directed to join the investigation of this case forthwith.

S.A./C‑15/L Interim bail granted.