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Criminal Miscellaneous No. 249/8 of 1986, decided on 22nd March, 1986.
‑‑‑S. 498‑‑West Pakistan Arms Ordinance (XX of 1965), S.13‑‑Bail before arrest, grant of‑‑Defence plea that false case was registered at instance of a person who was annoyed with accused‑‑Five other cases were also got registered by same person against accused within a period of 16 days‑‑Recovery witnesses of illicit rifle were also recovery witnesses in two other cases registered against accused‑‑Rifle already recovered‑‑Bail allowed.
Inayat Ullah Cheema for Petitioner.
Abdus Salam for the State.
Date of hearing: 22nd March, 1986.
Umar Hayet petitioner has moved this petition for bail in a case registered against him under section 73 of the West Pakistan Arms Ordinance, 1965.
The F.I.R. version is that on 11‑1‑1986 Khan Amir A.S.I. was present at the Sem Nala. Head Constable, a Constable and two other persons were with him. The A.S.I. received secret information that the petitioner was going with an unlicensed rifle. At about 4.35 p.m. the petitioner came towards that side with a rifle in his hand. On seeing the police party, he started running. The Police party tried to apprehend him but he threw the rifle and fled away.
2. Learned counsel for the petitioner contends that the petitioner has been falsely implicated with ulterior motive. He submits that the petitioner has been falsely implicated at the instance of one Haq Nawaz who was annoyed with the petitioner for the‑reason that he provided shelter to his helpless old father Haji Sher Baz against his wishes. It is submitted that aforesaid Haq Nawaz got five cases registered against the petitioner for different offences within a period of 16 days. Learned counsel has further argued that the illicit rifle has already been recovered and the recovery witnesses namely Asif and Altaf are also recovery witnesses in two other cases against the petitioner.
The learned State counsel does not oppose the prayer for bail.
3. On 1‑3‑1986 Haji Sher Baz referred to above appeared in this Court during the hearing of Crl. Misc. No.67/H of 1986 and made a statement that earlier Umar Hayat (Petitioner herein) provided shelter to him on humanitarian grounds and his son got a number of cases registered against him through a Police Officer who happened to be his friend. This case and cases F.I.R. Nos. 6, 17, 18 and 19 were registered against the petitioner at Police Station, Khushab within a period of sixteen days. Aaif Hayat and Muhammad Altaf, the recovery witnesses in this case, are also recovery witnesses in two other cases against the petitioner. The alleged illicit rifle has already been recovered. In the circumstances, interim bail allowed to the petitioner is confirmed.
H.A.K. Bail allowed.
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