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Criminal Miscellaneous No.1893/B of 1987, decided on 28th June, 1987.

---S.497--Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17--Bail, grant of--Accused alongwith his co-accused, allegedly 'looted complainant on pistol point--Accused remaining in jail for about 3 months--Accused no more required for investigation--Property recovered from accused, being of common pattern--Accused injured by police deliberately or accidentally remaining to be resolved--Petitioner's brother filing constitutional petition in the High Court for registration of case against the Police for injuring accused--Bail granted in circumstances.

Ch. Aitzaz Ahsan for Petitioner.

Mian Muhammad Bashir for the State.

Gul Nawaz alias Gulloo, petitioner herein, stands arrested in a case (FIR No.38/87) registered against him and two others under section 17 of Offences Against Property (Enforcement of Hudood) Ordinance, 1979, at the instance of Mukhtar alias Tar at Police Station Ahmad Nagar, District Gujranwala, on 29-3-1987. The petitioner was declined bail by the lower Court, hence this application.

2. According to prosecution on 29-3-1987 at 6 p.m., Mukhtar alias Tar, complainant, alongwith his brother Riaz and one Ashfaq Ahmad, was returning home after closing down his shop at Warpal Chattha. When they reached near Dhela Chattha at about 6-15 p.m., they were confronted by the petitioner and his co-accused, namely, Javed and Sajid. The petitioner at that time was armed with a pistol, Javed with a dagger and Sajid with a carbine. At the point of fire-arms they deprived the complainant of a sum of Rs.500/- and his wrist watch and decamped. The complainant and the PWs. while on their way to police station Ahmadnagar met ASI Tahir Farooq Cheema at Pul Dhar Canal who was patrolling that area and lodged report with him. The ASI found that the occurrence took place within the jurisdiction of police station Ahmadnagar and before sending the report for formal registration of case at Ahmadnagar he arrested the petitioner, recovered a pistol a-A live cartridges from him and brought him to police station Alipur -hattha.

3. It appears that Alipur Chattha police then removed the petitioner with a gun-shot wound on his right arm first to Gujranwala hospital and then to Services Hospital, Lahore, for treatment, where he remained admitted for two months. The petitioner is under arrest since then.

4. According to the police, the petitioner had received bullet injury when the pistol recovered from, him accidentally went off being handled by HC Imtiaz for placing it in Malkhana. On the other hand, petitioner's version is that when he protested against his false implication in the case, A I Tahir Farooq Cheema abused him. He returned the abuse whereupon the ASI exhorted HC Imtiaz to fire at him, in pursuance whereof the Head Constable fired at and injured him. It may be stated that the petitioner's brother Ch. Muhammad Azam has filed a writ petition (W.P.No.2611/87) on the above facts seeking a direction for registering case against the aforesaid Assistant Sub-Inspector and Head Constable which is pending decision as yet.

5. It is contended that the case is false. It has been registered against the petitioner to forge a defence for the police officers who are responsible for shooting at and injuring him. Learned counsel for the State opposed the petition and stated that currency notes of Rs.500/- looted from the complainant have been recovered from the petitioner and thus he stands connected with the crime.

6. I have carefully considered the facts and circumstances of the case. The petitioner is in jail since 29-3-1987. He is no more wanted by the police for investigation and interrogation. The stolen property allegedly recovered from the petitioner (currency notes) is of common pattern. The question whether the petitioner had been injured with a pistol deliberately by the Head Constable or by accident, remains to be resolved. Without expressing on merits, however, in view of facts narrated above, I feel inclined to allow this petition and direct that the petitioner be released on bail subject to his furnishing bail bonds in the sum of Rs.30,000/- (Rupees Thirty Thousand only) with two sureties each in the like amount, to the satisfaction of A.C./Duty Magistrate, Wazirabad.

S.A./G-63/L Bail allowed.

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