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Criminal Miscellaneous No. 1688-B of 1986, decided on 6th July, 1986.
---S. 497--Penal Code (XLV of 1860), Ss. 302 & 307/34--Bail, grant of--Prima facie deceased and her son, injured witness, were attacked in pursuance of a plan--Previous F.I.R. alleged to be cause of false implication not placed on record--Complainant of aforesaid case not implicated in present case--Prosecution supported by other witnesses also including injured witness--Bail refused in circumstances.
Syed Zahid Hussain Bokhari for Petitioner.
Mian Muhammad Bashir for the State.
Date of hearing: 6th July, 1986.
Muhammad Ashraf petitioner has moved this petition for bail in a case registered against him and three others under sections 302 and 307/34, P.P.C.
2. The F.I.R. version is that Nur Muhammad son of KaramaLi had no male issue. He gifted his land measuring 22 Acres to his daughter Mst. Fatima Bibi deceased who, in turn, transferred it to her son Nasrullah by way of gift. Co-accused Abbas and his son Sarfraz who are collaterals of Nur Muhammad, got annoyed over this and advanced threats to Mst. Fatima Bibi that they would get their ancestral land by killing her and all the members of her family. On 4th November, 1985 at 7 a.m. Mst. Fatima Bibi deceased went to the Dera of her father for fetching milk and her son Nasrullah came out of the house at 7-30 a.m. for going to his school when co-accused Abbas armed with a gun, his son Sarfraz armed with a carbine, Arif armed with a .12 bore gun and Ashraf petitioner armed with a rifle came out of the Dera of Abbas. Abbas raised a Lalkara that Nasrullah should not be spared, upon which Sarfraz fired his carbine hitting him on the back, as a result of which he fell down. Then all the accused raised a Lalkara that Mst. Fatima Bibi who had gone to the Dera, should be killed and started running towards the Dera. Mst. Nazir Begum complainant, Abdul Sattar and Riaz raised alarm. The accused persons went to the Dera of Nur Muhammad while firing. Raja and Muhammad Ashraf also got attracted to the spot. Co-accused Abbas fired the gun at Mst. Fatima Bibi hitting her right hip. Then Arif fired at her hitting her left shoulder. The petitioner fired rifle shots and kept on shouting that Fatima should not be spared. Mst. Fatima succumbed to her injuries at the spot. Nasrullah was removed to D.H.Q. Hospital, Sheikhupura, where he was medically examined. He had multiple entrance wounds on the back of abdomen in an area 6 c.m. x 5 c.m. This injury was kept under observation. There were also two abrasions on his person.
3. Learned counsel for the petitioner contends that the petitioner is not alleged to have caused any injury either to the deceased or to Nusrullah P.W. and the only allegation against him is of ineffective firing and raising of Lalkara, therefore, his case needs further inquiry. He submits that he has been falsely implicated at the instance of bdul Sattar and Ashraf P.Ws. because he is a witness against them in case F.I.R. No. 309, dated 29-7-1985 under sections 323 and 382, P.P.C. Police Station Sheikhupura City. The learned State counsel has opposed the prayer for bail.
4. I have gone through the relevant material. The allegations in the F.I.R. prima facie show that Mst. Fatima deceased and her son Nasrullah P.W. were attacked and injured in pursuance of a plan. F.I.R. No. 309, dated 29th July 1985, referred to by the learned counsel, has not been placed on this file. If Abdul Sattar and Ashraf P.Ws. wanted to falsely implicate any one due to the registration of the aforesaid case against them, they would have involved the complainant of that case and not the petitioner. Besides Abdul Sattar and Ashraf P.Ws. the prosecution has the support of other eye-witnesses namely, Raja, Muhammad Riaz, Nazir Begum complainant and injured P.W. Nasrullah. I am, therefore, not inclined to admit the petitioner to bail at this stage. The petition is dismissed.
S.A./735/L Bail refused.
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