HAMIDA BIBI Versus WALI MUHAMMAD

ORDER

Petition seeks bail in a case registered vide F.I.R. No.157, dated 5-9-1996 under section 302/34/109, P.P.C. at Police Station Sahooka, Tehsil Burewala, District Vehari.

2. Brief facts of the case are that complainant's brother Allah Ditta was married with Mst. Saddan Bibi daughter of Allah Bakhsh, Darkhan whereas sister of complainant was given in exchange to the son of (Allah Bakhsh. On the day of occurrence some quarrel took place between Allah Ditta and Saddan Bibi on some domestic problem which came in knowledge of Riaz petitioner who is brother-in-law of Allah Ditta aforesaid. In the evening at about sun set time petitioner, his wife, Ghulam Qadir and Ghulam Fareed sons of Khuda Bakhsh residents of Naushehra Jamlaira came in the house of the complainant and started quarrelling with them. Riaz, Ghulam Qadir and Ghulam Fareed gave beating to father of the complainant whereas the complainant side also abused them. On hue and cry people of the village gathered who patched up the matter but accused threatened that they will take revenge of their insult. After the said quarrel. Muhammad Afzal, and Ali Muhammad husbands of complainant's sisters also reached their house. While they were sitting in the house and talking about the quarrel which had taken place earlier at about 10 p.m. accused reached raising Lalkaras. Father of the complainant Muhammad Yar, complainant and his sisters husbands Muhammad Afzal and Ali Muhammad opened the chain of the door to go outside the house. After going outside the house they saw that accused Ghulam Fareed armed with .12 bore gun and Ghulam Qadir armed with pistol were standing on the road. Ghulam Fareed fired with his gun which hit father of the complainant Muhammad Yar on his chest who fell on the ground and succumbed to injuries. Complainant saw the occurrence in the light of electric bulb light and tried to catch the accused whereupon Ghulam Qadir fired in the air with his pistol. Thereafter', accused ran away with their arms. Father of the complainant died at the spot. It is alleged that Ghulam Qadir and Ghulam Fareed with connivance of Allah Bakhsh and Muhammad Riaz petitioner committed the murder of father of the complainant.

3. Two of the accused Ghulam Qadir and Allah Bakhsh were found innocent during investigation and Allah Bakhsh was granted bail on 8-4-1997. Petitioner was arrested on 1-10-1996 and since then he is in jail. Trial of the case has not commenced so far.

4. Learned counsel for the petitioner contends that four accused have been involved in this case. Deceased received .12 bore gun shot injury on his person which is attributed to Ghulam Fareed. Petitioner was neither armed nor he participated in the occurrence. He is alleged abetment of the murder only.

5. Learned counsel for the State opposed the grant of bail to the petitioner on the ground that on his instigation Ghulam Fareed fired the fatal shot on the deceased.

6. I have heard the learned counsel for the parties and perused the record. Allegation against the petitioner is of mere abetment. He is in jail since 1-10-1996. Two of the co-accused Ghulam Qadir and Allah Bakhsh have been found innocent during investigation. Petitioner was neither present at the spot nor lie caused any injury to the deceased. It is very easy to make the allegation of conspiracy in order to enlarge number of the accused in the F.I.R. Allegation of the prosecution needs leading of evidence. Prima facie, such allegations are not sufficient to keep the petitioner in jail for indefinite period without trial. Case of the petitioner is of further inquiry. Allegation against the co-accused of the petitioner namely Allah Bakhsh are exactly similar in nature who has been granted bail by the learned Additional Sessions Judge, Burewala on 8-4-1997. Keeping in view the rule of consistency petitioner is allowed bail in the sum of Rs.1,00,000 (Rs. one lac) with one surety in the like amount to the satisfaction of the learned Trial Court.

H.B.T./R-57/L Bail granted.