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Criminal Miscellaneous No. 4322/B of 1974, decided on5th December 1974.

Ss.497 & 498‑Petitioners having no connection or relation whatsoever with remaining co‑accused and having no motive for committing offence‑Hostility between petitioners and S. H. O in consequence of civil litigation between them also existing‑Held Reasonable grounds exist for believing petitioners not guilty of an offence punishable with death or imprisonment for life‑Petitioners admitted to bail, in circumstances [Bail].

M. Yasin Wattoo for Petitioners.

Rafiq Butt for the State.

This is an application by Noor and Bashir under sections 497 and 498, Cr. P. C. for the grant of bail. It is contended that they are, in no way, related to the other three accused and have been falsely involved at the instance of Ch. Muhammad Ali Bajwa, S. H. O. who recorded the report. It is submitted that there was hostility between Noor petitioner and the S. H. O, in consequence of a civil suit filed by Noor petitioner against the S. H. O., a copy of which has been attached with the petition as Annex. C'. It is submitted further that the S H. O. had threatened Noor petitioner that since he lived within the area in his (S. H. O.'s) jurisdiction, he would be dealt with. As such he has involved him in this case by adding his name as well as his nephew Bashir petitioner along with the actual accused.

2. The learned State Counsel opposes the bail application and submits that Ch. Mohammad Ali Bajwa, S. H. O. had no hostility or grudge towards Noor petitioner and that the petitioners have not been involved by the S H. O. but have been named by Ahmad complainant as the accused persons. The learned counsel for the petitioners submits that it is well known that in a large number of cases the police compels the complainant to add false names, on the threats that otherwise he would spoil his case and the complainants in such situations have hardly any choice but to comply with his demand. He submits that this is one of such cases because otherwise Noor and Bashir petitioners have no connection or relation, whatsoever, with the remaining co-accused and had no motive for committing the offence.

3. Without going into the merits of the case or deciding that whether the allegations against the petitioners are true or untrue I deem it sufficient to say that there are reasonable grounds for believing that the petitioner are rot guilty of an offence punishable with death or imprisonment for life. They are, therefore, granted bail in the sum of Rs. 15,000 (Rupees fifteen thousand) each with two sureties each in the like amount to the satisfaction of the Inquiry Magistrate.

Petition allowed.

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