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Criminal Miscellaneous No. 1103‑B of 1985, decided on 2nd June, 1985

---S. 498--‑Penal Code (XLV of 1860), S. 302/307/379/148/149‑‑Bail, grant of‑‑Two prosecution versions as to death of deceased, one given in F.I.R. being different from one given by witnesses‑‑Accused (petitioner) ascribed no role in F.I.R. but eye‑witnesses in their statements recorded under S. 161, Cr. P. C. attributing main role to accused (petitioner)‑‑No motive attributed to accused (petitioner)‑‑Other accused named in F.I.R. already allowed bail by trial Court‑‑Case of accused (petitioner), held, was not distinguishable and accused, therefore, entitled to bail‑‑Bail allowed in circumstances.

D. M. Awan for Petitioner.

Malik Rehmat Khan Awan for the State.

This is a petition under section 498, Cr. P. C. by Rehmat Ali, petitioner, for bail in respect of a case arising out of F.I.R. No. 178, dated 29‑4‑1984 registered at Police Station Hafizabad on 29‑4‑1984.

2. The prosecution case as disclosed in the F.I.R. is that Qamar Ali, Muhammad Yaqoob, Muhammad Aslam and Manzoor Ahmad, co‑accused, all armed with guns, and Rashid Ahmad, co‑accused, empty handed, came to the field of the complainant, where he and others, including Liaqat Ali, deceased, were tying up wheat stacks. Rashid Ahmad, co‑accused, raised a Lalkara, whereafter Qamar Ali, co‑accused, fired at Liaqat all, deceased, with his gun, hitting him near the right ear. The deceased fell down. Manzoor Ahmad, co‑accused, then fired with his gun, which proved ineffective. Muhammad Yaqoob, co‑accused, then fired with his gun, which shot accidently hit Mst. Zakia. Muhammad Aslam, co‑accused, also fired, but the same proved ineffective. The motive for the occurrence was that about one year and nine months back, Muhammad Hussain, father of Qamar Ali, accused, was murdered, in which case Faqir Muhammad and Muhammad Rafiq, the paternal‑cousins of Liaqat Ali, deceased, were challaned.

3. During investigation on 19‑5‑1984, Nasar Khan, Amir and Muhammad Inayat P.Ws. in their statements recorded under section 161, Cr. P. C. attributed the death of Liaqat Ali, deceased, to the firing of Rehmat Ali Musalli, the present petitioner, and the fire‑arm injuries on Mat. Zakia P.W. to Manzoor Ahmad, co‑accused. It appears that the investigation, which presently has been marked to the A.S.P., Wazirabad, is still incomplete, as the said police officer has not taken up this case as yet.

4. I have heard the arguments of the learned counsel for the petitioner and the State and have perused the police file. It appears that there are two versions with regard to the death of Liaqat Ali, deceased. One, as given in the F.I.R., recorded at the instance of Muhammad Abbas complainant, and the other as arising out of statements of witnesses recorded under section 161, Cr. P. C. According to the first version, Qamar Ali, co‑accused, is alleged to have fired at and hit Liaqat Ali deceased, and Muhammad Yaqoob, co‑accused is alleged to have fired at and hit Mst. Zakia P.W., whereas according to the latter version, Rehmat Ali, petitioner, is alleged to have fired at and hit Liaqat Ali, deceased, and Manzoor Ahmad co‑accused, is alleged to have fired at and hit Mst. Zakia P.W. Qamar Ali, Muhammad Yaqoob, Muhammad Aslam, Menzoor Ahmad and Rashid Ahmad, co‑accused who have been named in the F.I.R., have been allowed bail by the Sessions on 10‑2‑1985. The case of Rehmat Ali, petitioner, is not distinguishable. No motive as yet has come on the record against Rehmat Ali, petitioner, for the commission of the crime. For all these circumstances, he is entitled to be released on bail.

5. For the foregoing reasons, this petition is accepted and Rehmat Ali, petitioner, is released on bail, subject to his furnishing security in the sum of Rupees thirty thousand (Rs.30,000) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Hafizabad.

S. A. Bail allowed.

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