MUHAMMAD RAMZAN ALIAS BUGHI Versus STATE

ORDER

The petitioner is accused of offences under section 302/324/148/149, P.P.C. vide F.I.R. No.64/92, dated 24-2-1992, registered at Police Station Saddar Depalpur, District Okara.

2. The learned counsel for the petitioner and the State were heard at length in respect of the contentions raised herein. Admittedly, all the accused herein were declared innocent in the first investigation conducted by the police; but in the subsequent investigation conducted by the D. S. P. C. I. A. except for the petitioner the innocence of rest of the co-accused was confirmed and they stand discharged from the case. It was further confirmed on behalf of the State that neither any crime-emtpy nor the weapons of offence was recovered from the petitioner; and it was further confirmed that no weapon whatsoever had been recovered in the instant case; and it was further confirmed that the entire story of the prosecution in respect of the discharged co-accused Naveed Alain having injured Riaz P. W. and the role of the rest of the co-accused has been proved to be false during the two investigations conducted in the instant case. Furthermore, notice has been taken of the contentions raised on behalf of the petitioner that the complainant's case as stated in the F. I. R. is that he and A deceased Mukhtar Ahmad had made their entry into their house when the deceased was allegedly hit by a shot fired by the present petitioner, who is not specifically alleged to have entered into the said house; and further taking into consideration the admitted enmity between the parties, it is hereby observed that the case of the petitioner is duly covered by the provisions of subsection (2) of section 497, Cr.P.C. In this respect, reliance is placed on 1985 P Cr. L J 2849, wherein the accused charged with murder had been granted bail as different investigations had come to different conclusions and no recovery had been affected from him. It was further confirmed on behalf of the State that the petitioner has been in the judicial lock-up for more than one year and nine months and that he is neither a previous convict nor a hardened criminal.

3. Therefore, the petitioner is hereby allowed bail in the sum of Rs.50,000 with two sureties in the like amount to the satisfaction of the A.C./Duty Magistrate, Depalpur, District Okara.

N.H.Q./M-1299/L Bail allowed.