MUHAMMAD HANIF Versus THE STATE

Crime Case No.266, dated 24-8-1995 stands registered at Police Station City, Mianwali at the instance of Sami Ullah complainant son of Faiz Ullah Khan under section 302/109, Pakistan Penal Code with the allegation that Sami Ullah Khan accused son of Muhammad Hanif Khan fired with a pistol at his father on 24-8-1995 at 8-00 a.m. which hit him who expired. The occurrence is said to have been seen by Javed Iqbal and Nasar Ullah P.Ws. It is narrated in the F.I.R. that in consultation with his father Muhammad Hanif son of Mehar Khan and also at his instance Sami Ullah Khan accused committed the intentional murder of Faiz Ullah Khan. Muhammad Hanif accused son of Mehar Khan has been arrested by the police, whose bail plea has been rejected by the Court of Session and he has filed this petition for his admission to bail.

I have heard the learned counsel for the parties as well as learned State Counsel and gone through the record before me. I am in full agreement with the learned counsel for the petitioner who canvassed before me that the involvement of Muhammad Hanif petitioner-accused is one of further inquiry. In the F.I.R. the source of information about the abetment attributed to Muhammad Hanif Khan petitioner-accused is not mentioned. When examined at the initial time on 24-8-1995 both eye-witnesses namely Javed Iqbal and Nasar Ullah Khan made the general statement that Faiz Ullah Khan had been murdered by Sami Ullah Khan at the instance of his father. However, their supplementary statements were recorded on 25-8-1996 to the effect that they heard from the "Baithak" of Muhammad Hanif petitioner-accused that he was asking his son Sami Ullah Khan to murder Faiz Ullah Khan. The supplementary statements recorded on 25-8-1995 being an afterthought need not be given the weight especially when according to law of the land regarding the same fact the supplementary statement cannot be recorded. The contention of the learned counsel for the complainant as well as the learned State Counsel that the name of Muhammad Hanif petitioner is mentioned in the F.I.R. need not be given the weight in view of my aforesaid reasoning in favour of the petitioner.

3. For what has been said above, I accept this petition and admit Muhammad Hanif petitioner-accused son of Mehar Khan to bail in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned Sessions Judge, Mianwali with the direction to appear before the trial Court as and when required failing which his bail ,may be cancelled by the trial Court.

4. Copy Dasti subject to payment of usual charges, if any

N.H.Q./M-164/L Bail allowed