FAZAL DAD Versus MEMBER (COLONIES), BOARD OF REVENUE, LAHORE

Complainant Rahim Shah and his cousin Rehmat Shah were proceeding on a motor-cycle from village Topi to his village at 23-45 hours on 31-5-1989 when they were fired at with Klashnikov by a person. Both were injured but Rehmat Shah died at the spot. The complainant had no enmity with any person and nobody is charged for the commission of the offence in F.I.R. No.166 which was recorded at the instance of Rahim Shah on 1-6-1989 at 00-25 hours.

2. Subsequently accused Abdus Salam was arrested who made a confession on 19-6-1989 wherein he has stated that when his co-accused Arshad had conspired to kill Rahim Shah, the petitioner was also present. However, the confessional statement also does not assign any specific role to the petitioner in the commission of the offence except that he had accompanied them to the place of occurrence. As such the case of the petitioner is of further inquiry. The petition is accepted and he is allowed bail in the sum of Rs.50,000 with two sureties in the like amount to the satisfaction of Illaqa/Duty Magistrate.

N.H.Q./1555/P

Bail allowed.