ABDUL KHALIQ Versus STATE

ORDER

This is a petition for granting bail to Abdul Khaliq, Abid Hussain and Riaz, petitioners herein, who stand arrested in case F.I.R. No.61/93, under section 302/34/109, P.P.C., registered at Police Station Sukheke, District Hafizabad, lodged by Ijaz Ahmad, brother of Muhammad Nawaz (deceased).

2. According to the F.I.R., one Nusrat Ali got a case registered under section 364, P.P.C. for abducting Riaz, petitioner herein and Nusrat Hussain by Muhammad Nawaz (deceased) and two others, at Police Station Sukheke but the same was cancelled after investigation. As a sequel to this dispute, it is alleged in the F.I.R., that on the fateful day i.e. 21-3-1993 at 6-00 p.m., Muhammad Nawaz (deceased) was returning to village Atla Ghulam from Sukheke in the company of Zulfiqar, Umar Draz and Ashraf on foot. When they reached near Village Sukheke the three petitioners herein alongwith Zubair carrying fire-arms emerged from the wheat field and opened fire at the deceased and his companions. The shot fired by Zubair hit Muhammad Nawaz (deceased) in the neck who fell dead then and there. The petitioners alongwith Zubair disappeared from the scene.

3. During the investigation, Zulfiqar, P. W., sworn an affidavit to the effect that none of the petitioners was present at the time of occurrence. A.S.I. Zulfiqar, present with record, says that S.P. (HQ), Gujranwala in his case diary No.20 dated 16-5-1993 has found the petitioners as innocent. In these circumstances, since the petitioners have been found innocent and the deceased has suffered an injury on the neck which is attributed to Zubair therefore, the petitioners are entitled to grant of bail. Consequently, this petition is allowed and it is directed that they be released subject to their furnishing bail bond in the sum of Rs.10,000 each with one surety each in the like amount to the satisfaction of the A.C./Duty Magistrate concerned.

N.H.Q./A-513/L Petition allowed.