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Criminal Miscellaneous No. 4404/8 of 1976, decided on 25th January 1977.
‑‑ S. 498‑flail before arrest‑Only ineffective firing and giving chase to complainant with lathis attributed to petitioners‑Bail before arrest allowed, in circumstances.
Ch. Nazir Ahmad Cheema for Petitioners.
Rashid Awan for the State.
This petition for pre‑arrest bail moved by Nazra Liaqat. Sarwar, Nabi Bakhsh, Wahab and Umar Hayat Petitioners was admitted to hearing by his Lordship Mr. Justice Abdul Jabbar on 15‑11‑1976 and they were allowed interim bail. The allegations are that on 5th November 1976 Umar Hayat, Nabi Bakhsh. Nazra and Liaqat armed with '12 bore guns and Wahab and Sarwar armed with Lathis confronted Ahmed Khan complainant when he was going towards his tube‑well, and after raising Lalkara Nazra petitioner fired about but it missed the target. Then Umar Hayat, Nabi Bakhsh and Liaqat fired shots but they too missed the complainant. Then Sarwar and Wahab chased the complainant but he fled away without receiving any injury at their hands.
2. The learned counsel for the petitioners states that on 5th November 1976 Nazra petitioner was with him at Lahore as he had to file a petition for habeas corpus which was actually filed on the same day. He further submits that Ahmad Khan complainant is a partner of one Pervaiz Sahi against whom Yousuf, brother of Nazra petitioner is a prosecution witness in a case under the Arms Ordinance. It is further submitted that the prosecution story as put in is a mere fabrication because if four persons armed with guns had fired at the complainant, there was no possibility of his escaping unhurt.
3. I have gone through the record. Only ineffective firing is attributed to Nana, Liaqat, Nabi Bakhsh and Umar Hayat petitioners while the allegation against Sarwar and Wahab is that they chased the complainant with Lathis. In the circumstances the interim bail already allowed to the1 petitioners is confirmed. They are, however, directed to join the investigation if and when so required.
Petition allowed. '
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