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Criminal Appeal No. 52 of 1977, decided on 1st June 1977.
(On appeal from the judgment and order of the Lahore High Court. Lahore, dated the 28th April 1977 in Criminal Miscellaneous No. 142Q/B of 1977‑Arising out of P. S. L. A. No. 59‑R of 1977).
‑‑‑ S. 498‑‑Bail before arrest‑Contention that neither complainant nor injured being of any political importance, highly improbable for appellants to have assembled designedly to kill them with fire‑arms, that even though all appellants alleged to have fired at complainant party yet surprisingly only one man injured and that too by a single shot while complainant managed to escape and that appellants being office‑bearers of opposition party implicated out of malice‑Case, held, fit for anticipatory bail.‑[Bail].
Dr. Kholid Ranjha, Advocate Supreme Court instructed by Maqbool Ahmad Qadri, Advocate‑on‑Record for Appellants.
Riaz Ahmad, Assistant Advocate‑General, Punjab (No Advocate‑on -Record with him) for the State.
Date of hearing : 1st June 1977.
.‑After hearing counsel for the parties we converted the petition into an appeal and decided to dispose it of as such.
The appellants have assailed the order dated 28‑4‑1977 of a learned Single Judge of the Lahore High Court by which Criminal Misc. No. 1420/B of 1977 was rejected.
A case was registered at Police Station, Chichawatni, District Sahiwal against the appellants who are the office‑bearers of the Pakistan National Alliance, under sections 148, 307 read with section 149 of the Pakistan Penal Code at 1‑30 p.m. on the 22nd of April, 1977 for the attempted murder of Farzand Ali, a Mirasi by caste. It was disclosed in the report that the P. N. A. had given a call for Hartal on the fateful day but some of the shop keepers of Burewala Bazar belonging to the Pakistan People's Party had not responded to the call. Sometime before the incident a P. N. A. procession pass ed by Burewala Chowk and the processionists threatened Zakir Hussain Shah, a cigarette dealer, to close his shop and on his refusal to do so, he was injured by stones pelted by the crowd. On hearing about the incident Muhammad Ashraf, the complainant and others belonging to the People's Party arrived there and took the injured to the Hospital. After some time the proces sionists dispersed. The complainant and Farzand Ali crossed the bridge and as they neared the western wall of Purani Sabzi Mandi, they saw the appellants armed with rifles, guns and a pistol. On seeing them the first appellant abused them and gave a lalkara that they should not be spared that day upon which all the appellants fired at them as a result of which Farzand Ali received a bullet injury but the complainant managed to escape from there. After the appellants had decamped, he returned to the spot and removed the injured to the hospital.
The appellants apprehending their arrest moved an application in the Lahore High Court for anticipatory bail. A learned Single Judge while rejecting the application held that the First Information Report was lodged without inordinate delay in which the names of the appellants were disclosed and there was evidence of the fire‑arms having been effectively used.
The learned counsel contends that neither the complainant nor the injured were men of any political importance and, therefore, it was highly improbable that the appellants would have by design assembled to kill them with fire‑arms. It was further contended that even though it was alleged that all the appellants had fired at them but it is surprising that only the injured was hit and that too by a single bullet while the complainant managed to escape.
Lastly it was urged that the appellants were implicated out of malice because they were the office‑bearers of the P. N. A. It will be inappropriate to express any definite opinion on the culpability of the appellants as it is not our jurisdiction to pre‑empt the functions of the trial Court, but for the purpose of anticipatory bail we are convinced that it is a fit case in which they should be allowed bail. Accordingly, they are directed to furnish bail in the sum of Rs. 10,000 (Rupees ten thousand) each with one surety in the like amount, to the satisfaction of the Assistant Commissioner, Chichawatni. The appeal is allowed.
Appeal allowed.
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