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Criminal Miscellaneous No. 1491-B of 1982, decided on 19th June, 1982

-- S. 497 - Penal Code (XLV of 1860), S. 302/307/148/149- Bail - Alibi = About 50 persons from place of occurrence dis closing to Investigating Officer that petitioner was not present at time of occurrence-According to investigation petitioner willing to take oath on Holy Qur'an in proof of his alibi and wanting complainant party to do so against his plea of alibi but complainant party not agreeing to do so-Investigating Officer not forming any opinion-Local administration deputing D. S. P. for re-investigation who not yet started-Petitioner's case, held, requires further inquiry-Bail allowed in circumstances of case .D. S. P. if not accepting plea of alibi State can move for cancella tion of bail.

Mushtaq Raj for Petitioner.

Khali l Ramdey, A. A.-G. for the State.

This is an application for bail of Arif Hussain Shah petitioner, a labour leader, against whom a case has been registered under section 302/ 307/148/149, P. P. C. at Police Station Saddar Sheikhupura on 20th December, 1981 alongwith others in respect of an occurrence which took place at 2-00 p. m. on the said date. The part ascribed to the petitioner is that in a state of riot between two labour groups of Sun Shine Mills, Lahore Road, Sheikhupura, the petitioner, who was armed with a knife, gave two knife blows to Khadim Hussain deceased on chest and abdomen. There are other accused persons also implicated in the instant case. So far as the petitioner is concerned he being a labour leader, advanced the plea that he was not present at the place of occurrence at the time of occurrence. His alibi plea is to the effect that he was at Faisalabad on the said date at 2-00 p. m. attending a meeting of the Punjab Textile Workers Federation Registered. Faisalabad. He has placed the copy of the meeting alongwith the affidavits of some of the persons who had attended the same. The minutes of the meeting disclosed that the meeting was held at Faisalabad on 20th December, 1981 at 2-00 p. m. and even a resolution was passed, although it had not been forwarded to anyone. The meeting was presided over by the President, namely, Saleh Muhammad Niazi and 15 other members including the present petitioner. Out of these 15, the petitioner has placed on the record affidavits of six namely, Saleh Muhammad Niazi, President. Muhammad Aslam, General Secretary, Muhammad, Saeed Khan, Member, Khadim Hussain son of Muhammad Tofail, General Secretary C. B. A., Al-Fateh Mazdoor Union, Faisalabad, Ahmad Ali Rana, General Secretary, Janbaz Textile Labour Federation, Sargodha, and Manzoor Hussain, General Secretary Pak Workers Union, C. B. A.. Shorkot, Distt. Jhang. These affidavits alongwith the minutes of the meeting were also handed over to the Investigating Officer in support bf his plea of alibi by the petitioner when the local Investigating Officer was proceeding with investigation of this case. Mr. Khalil Ramday, learned Assistant Advocate-General, has read before me the report of the Local Investigating Officer about his impressions of the alibi plea. He states that about 50 workers of the sun Shine Textile Mills, where the occurrence had taken place on the fateful day, had also been examined by him in the course of investigation who disclosed to the Investigating. Officer that the petitioner was nor present at the time of the occurrence. It is also stated in his report that the petitioner was willing to take an Oath on the Qur'an to the effect that he was not present and he wanted the complainant-party also to take an Oath on the Qur'an to the effect that he was present if he was so present. But the complainant-side did not agree. The Investigating Officer then proceeds to forming his own impression about the alibi plea and state that he was in no position to either accept it or reject it and he left the matter to-be decided by the trial Court. The present position is that the local administration has deputed Mr. Sultan Ahmad D. S. P. Crimes' Branch for reinvestigate the matter. Mr. Sultan Ahmad D. S. P. Crime Branch is present and I asked him as to what are 'the results of bib investigation. He has submitted before me that although he has been entrusted with the reinvestigation of this case, he has not yet taken steps record .the evidence in respect of the alibi plea of the petitioner. From the perusal of the record it appears to me that the case of the petitioner requires further inquiry at this stage and consequently it is proper to accept his plea of alibi at this stage. In that view of the matter, I admit him to bail subject to his furnishing security in the sum of Rs. 25,000 (Rupees twenty-five thousand only) with two sureties each in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court.

If Mr. Sultan Ahmad D. S. P. arrives at the conclusion subsequently that the plea of alibi could not be accepted on, very cogent reasons: the State can always move for cancellation of the bail allowed to the petitioner.

With these observations this petition is disposed of.

Bail granted.

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