ZIA ULLAH Versus State Malik Mateeullah
ORDER
Through this petition under section 497, Cr.P.C. petitioners Zia Ullah and Parvaiz have sought post arrest bail in case FIR No.31 dated 06.02.2019, in respect of offences under sections 324, 353, 440, 186, 148 and 149, P.P.C., section 7 of the Anti-Terrorism Act, 1997 and section 13 (Ordinance XX of 1965) of the Pakistan Arms Ordinance, 1965 registered at Police Station, Piplan District Mianwali.
2. The allegation against the petitioner is that on 06.02.2019 at about 07:30 a.m., they along with their eight nominated and 3/4 unknown accused, while armed with fire arm weapons, launched murderous assault upon the police raiding party and caused fire arm injury to Abdul Rasheed, constable and also little damage to the official vehicles. Hence, this case was registered.
3. We have heard learned counsel for the petitioners, learned Deputy Prosecutor General appearing for the State and perused the record with their able assistance.
4. Though the petitioners are nominated in the crime report yet they have been assigned the joint role of firing at police raiding party whereas, their co-accused Mazhar Shehzad was specifically alleged to have caused fire arm injury to Abdul Rasheed, constable. During investigation, 47-crime empties of different bores were recovered from the place of occurrence but none of the empties were designated to be the empties of official weapons could be secured especially when police officer responded and made cross-firing for fifteen minutes. We have observed that about a dozen trained police officials while armed with respective official fire arm weapons conducted raid but surprisingly, they could not arrest any of the accused nominated in the crime report except Mazhar Shehzad, who had received fire arm injury at the spot. The petitioners were arrested in this case on 25.02.2019 and during investigation the recovery of fire arm weapons was shown against them but its connection with the alleged offence shall be determined by the learned trial court after recording the evidence especially when no report of the Ballistic Expert is available on record. The petitioners are behind the bars since arrest and their physical custody is not required to the police any more for fursther investigation. Gathering, all these facts and circumstances of the case, it is a fit case for further inquiry into the petitioners guilt under subsection (2) of section 497, Cr.P.C.
In view of what has been discussed above, the petition in hand is allowed and the petitioners are admitted to bail subject to their furnishing bail bonds in the sum of Rs.100,000/- (rupees one lac) each with one surety each in like amount to the satisfaction of the learned trial Court.
SA/Z-22/L Bail granted.