KHALID JAVED Versus STATE

ORDER

A case under section 17 of Offences Against Property (Enforcement of Hudood) Ordinance, 1979 read with section 302/307/148/149, P.P.C. was registered with Police Station Saddar Chiniot, District Jhang, on 12‑12‑1987. The allegations, as contained in the F.I.R., are that the first informant alongwith his brother Barkat Ali was sleeping in his Haveli when he heard some noise and saw nine persons armed, present in the Ilaveli. One of the accused Jani Shah took 7 m.m. rifle of the first informant and another accused picked up .12 bore gun belonging to the first informant's companion. The accused persons threatened them of dire consequences in case they raised noise, and took away five buffaloes from the Haveli. The first informant and his brother Rehmat Ali raised alarm, whereupon Muhammad, co‑accused of the petitioner fired hitting Rehmat Ali. It was followed by Bahi Khan whose shot also hit Rehmat Ali. When the first informant tried to rescue his cattle, he and his companions were given Lathi blows by the co‑accused of the petitioner. Rehmat Ali in consequence of the injuries died.

2. It is contended by learned counsel for the petitioner that the petitioner is not named in the F.I.R. Submits that during investigation the petitioner was found involved but there is no evidence that he was present at the spot. The only evidence available against the petitioner is that of two Wajtakkar witnesses. The petition has beer opposed by learned counsel for the State. The petitioner is allowed bail provided he furnishes security in the sum of Rs.30,000 with two sureties, each in the like amount, to the satisfaction of Assistant Commissioner/Duty Magistrate concerned.,

M.Y.H./B‑104/L

Bail granted.