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Criminal Miscellaneous No. 683/8 of 1586, decided on 16th March, 1986.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302/307/34/109/148/149‑‑Bail, grant of‑‑Co‑accused murdering deceased in a mosque allegedly in consultation with accused‑‑In F.I.R. accused was assigned part of having directed co‑accused to bring blood‑stained mat from mosque and of setting same or, fire‑‑Presence of accused in village on date of occurrence was not established in investigation and part assigned to accused not found to be correct‑‑No allegation of having actually participated in commission of murder levelled against accused‑‑Reasonable grounds of accused having not committed offence existing‑‑Bail granted in circumstances.

Raja Ijaz Ahmad Khan for Petitioner.

Muhammad Anwar Bhinder for the Complainant.

Azmat Dad for the State.

Date of hearing: 16^th March, 1986.

Petitioner seek, bail in a case registered against him and eight others at Police Station Wando, District Gujranwala, under section 302/307/34/109/148/149, P.P.C. on 12‑9‑1985 on the statement of Alaf Din.

2. According to F.I.R., co‑accused of the petitioner while armed with rifle, guns and other deadly weapons, attacked /lam Din in the mosque and thus caused his death. It is stated in the F.I.R. that co‑accused of the petitioner having finished Ilam Din, dragged his dead body to the Haveli of Ghulam Rasul petitioner. He told them to bring blood‑stained mat from the mosque. Abdul Ghafoor and Amjad accused brought the mat and the same was put to fire by the petitioner. It is further stated in the F.I.R. that the accused had murdered Ilam Din in consultation with Ghulam Rasul petitioner, against whom the deceased had contested election. According to F.I.R. the deceased had lost the election but Ghulam Rasul was unhappy, even on his contesting.

3. It is clear from the reading of F.I.R. that the petitioner had not accompanied the co‑accused at the time of commission of murder. Two allegations are borne out from the F.I.R. against the petitioner, first that it was on his direction that Abdul Ghafoor and Amjad accused brought the blood‑stained mat from mosque to the Haven and the same was put to fire by him, and the other that murder was committed by the remaining accused in consultation with him.

The contention of learned counsel for the petitioner that Rana Abdul Wasey, U.S.P. during investigation had categorically recorded his opinion that Ghulam Rasul (petitioner) was not present in the village on the day of occurrence has been found to be correct on perusal of the Police file. The officer, who later conducted the investigation, also recorded in the case diary that he agrees with the opinion of the former Investigating Officer.

4. Learned counsel for the State/ complainant, however argued that the D.S.P. has categorically opined that the circumstances showed that occurrence was in the knowledge of Ghulam Rasul petitioner, and so he must have been a party. In answer to this argument, the stand of learned counsel for the petitioner that statement of nobody was recorded during investigation to say that he had heard or in his presence the petitioner had asked the other accused to murder the deceased, has not been controverted either by learned counsel for the State or the A.S.I. who is present with record.

5. The position that thus emerges is, that the part assigned to him in the F 1.R. of having directed the co‑accused to bring blood‑stained mat from the mosque and the same having been set on fire by him, has not been found to be correct during investigation, rather his presence in the village on the day of occurrence was not established. No allegation has been levelled against him of having actually participated in the commission of murder.

In this view of the matter, reasonable grounds do not appear of the petitioner having committed the offence. He shall, therefore, be, released on bail provided, he furnishes bail bond in the sum of Rs. twenty five thousand with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Gujranwala.

H. A. K. Bail granted.

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