Find a Lawyer

Criminal Miscellaneous No. 2916/B of 1985, decided on 11th January, 1986.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), Ss. 307, 148, 452 & 361‑A/149‑‑ B6U grant of‑‑Accused behind bars since four months‑‑Police Zimnis indicating that complainant and prosecution witnesses were not trace able‑‑Investigation not making any progress due to fault of complainant and his witnesses who had disappeared and were not available‑‑Bail allowed in circumstances.

Ch. Ghulam Rasul Waraich and Umar Mahmud Kasuri for Petitioner.

Aftab Sherazi for the State.

Date of hearing: 11th January, 1986.

Gulab Hussain petitioner has moved this petition for ball in a case registered against him and others under sections 148, 307, 452 and 361‑A/149, P.P.C.

2. The case was registered on the report of Mst. Shahida on 15th September, 1985, wherein she alleged that her husband's brother Ali Hussain who was away to Saudi Arabia had obtained money from different persons for sending them abroad for employment. On 15th September 1985, at. 7 a.m. eight Pathans, namely, Gulab Hussain petitioner Gulzada, Yousuf Khan, Kifaitullah, Mansoor, Anjam, Gulzarin and Aziz Khan came to her house and asked where were Sibt‑i‑Hussain and his brother Ali Hussain who had taken rupees three lacs from them on the pretext of sending them abroad for employment but had neither sent them abroad nor returned the money. They threw a challenge that the money should be returned till 7 p.m. otherwise they would take away their children to tribal area and would murder them, in case the money was not returned. At about 7 p.m. all the aforesaid eight persons trespassed into her house, demanded Rs.3 lacs and simultaneously lifted her daughters aged 4 and 6 years and put them in their car. She raised alarm attracting many persons. On seeing them the accused persons started firing as a result of which their own companion Gulab Hussain (petitioner) suffered injuries. He was apprehended at 'the spot with his pistol and both the minors were recovered from the car.

3. Learned counsel for the petitioner contends that in fact, the petitioner and his co‑accused Mansoor and Anjam bad advanced money to the husband of the complainant and his brother for their employment abroad but they neither made any arrangement for their employment nor returned the money; on the day of occurrence, the petitioner and his co‑accused had gone to the house of the complainant to demand the money but they were falsely implicated in this case in collusion with Nazir Ahmad, Inspector Incharge Police Station Model Town. It is submitted that actually the petitioner was fired at Sibt‑i‑Hussain, husband of the complainant. It is further submitted ‑that since Nazir Ahmad, Inspector had misconducted himself, he was shifted to Police Lines and the investigation was entrusted to the A.S.P. but there is no progress because the complainant and the alleged eye‑witnesses have disappeared as the case is false. The learned State counsel has opposed the prayer for bail. He, however, concedes that the complainant and the P.Ws. are not available.

4. I have gone through the relevant material. The petitioner was arrested on 15th September, 1985. In the first instance, the case was investigated by Nazir Ahmad Inspector. Presently, the investigation is with the A.S.P. Zininis, dated 20‑12‑1985 and 30‑12‑1985 recorded by him show that the complainant and the P.Ws. were not traceable. A constable was sent .to the house of the complainant for service. He reported that the said house was occupied by one Sabah‑ud‑Din Butt who told him that he had purchased that house one and a half months back and had no knowledge as to the whereabouts of the complainant and .her husband. The petitioner was arrested on 15‑9‑1985 and is in jail for the last about four months. There is no progress in the investigation' and the fault lies with the complainant and his witnesses who have disappeared and are not available. In the circumstances, the petitioner is admitted to bail in the sum of Rs.50,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner Model Town Lahore.

H.A.K. Bail allowed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.