RASHEEDA BEGUM Versus SAMINA MUSHTAQ

ORDER

Allegedly at about 3-30 a.m. on 3-6-1990 Asghar Ali accused alongwith his sons Yousaf petitioner and Ashraf and his nephew Yaqoob accused the former two armed with guns and the latter with Sotas, assaulted at the house of Ghulam Muhammad complainant and one shot each fired by Asghar Ali and Yousaf petitioner hit Muhammad Butta deceased, the son of the complainant. Motive alleged was dispute over money and electric Randa between Asghar Ali and Muhammad Buta.

2. Contentions raised are that Asghar Ali was the real maternal-uncle of Buta deceased, Mst. Zubaida daughter of Asghar Ali was married to Aslam, the brother of Buta, Buta made advances towards her. She complained to her parental family and this prompted the father of the girl i.e. Asghar Ali to fire at the deceased. It is asserted that the plea in this regard was raised arid accepted by the police and the motive part of the story given m the F.I.R. was incorrect. Case diaries do indicate that when the accused were arrested such a plea was raised by Asghar Ali.

3. Without expressing any final opinion, prima facie a real maternal-uncle would not have fired at his nephew unless something of the sort had The police seem to be of the view that Ashraf and Yousaf petitioner were not concerned in the occurrence. In view of the motive part of the story being not correctly given in the F.I.R. prima facie and the plea having been raised which finds support from the, investigation, the case of the petitioner needs further inquiry. Hence the petitioner is allowed bail in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of A.C., Sheikhupura.

N.H.Q./M-1058/L Bail granted.