Find a Lawyer

Criminal Revision No. 351/13 of 1987, decided on 14th February, 1987.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302‑‑Bail, grant of‑‑Admittedly venue of occurrence petitioner's house, deceased's gun recovered by police from petitioner's house and allegedly his sister bore fire‑arm injuries‑ Circumstances, held, lent support to petitioner's contention that deceased party was aggressors who attacked accused/petitioner in his house‑ Petitioner allowed bail, in circumstances.

Ijaz Hussain Batalvi for Petitioner.

Nisar Khalil for the State.

Date of hearing: 14th February, 1987.

Aziz‑ur‑Rehman petitioner and 4 others are accused of the murder of Muhammad Rafiq. The case was registered against them at Police Station Model Town on 27‑7‑1985.

2. Petitioner and four other accused armed with fire‑arms drove into the house of the complainant. They pressed the call bell. Deceased's sister Mst. Fauzia came out. The accused cut jokes with her, she immediately went inside and informed her brother Amanullah who rushed out but in the meanwhile the accused went away in their Car No. HM‑1346 and went inside House No. 52, Tariq Block, which is petitioner's house as revealed by Babu Gujjar. He also informed that the petitioner was not of good character and his co‑accused often visited him and they used to tease girls. The next day i.e. 27‑7‑1986 accompanying Babu Gujjar, Amanullah went to the house of the petitioner and reprimanded him. All five accused resented this and held out a threat. Later the same afternoon Mst. Aasmi informant and her husband Muhammad Rafiq had come to visit her brother Amanullah who apprised them about the incident. The deceased assured him that they would take legal action against the culprits. The same day at about 4‑30 p.m. the informant and her husband proceeded towards their house, as they reached in front of House No. 52, Tariq Block, the petitioner alongwith his co‑accused blocked their way by parking their car in the middle of the road. The petitioner fired at the car which broke its right window pane, the other accused dragged Muhammad Rafiq out of the car and took him inside their house. Informant raised alarm upon which Amanullah and Babu Gujjar reached there. Petitioner fired a gun shot which hit Muhammad Rafiq at his chest, second shot fired by Muhammad Azam hit him on the arm and chest. As Amanullah and Babu Gujjar went forward to rescue Muhammad Rafiq, the remaining accused fired and injured Babu Gujjar and Amanullah. As a result of the firing petitioner's sister also received injuries on her fingers.

3. During the investigation it transpired that two accused namely Saeed Ilahi and Azam were innocent. They were, therefore, got discharged by the police. The D.S.P. who investigated the case, found that a licenced gun of Muhammad Rafiq deceased was recovered from the house of the petitioner. The police also dropped the charge of abduction. Later Mst. Aasmi informant wife of the deceased filed a private complaint wherein she added facts which she had not mentioned in the police report such as possession of a gun by her deceased husband.

4. Learned counsel for the petitioner contended that in fact the deceased and his companions were the aggressors who had attacked the accused in his house as a result of which his sister suffered injuries. Under the circumstances the accused had a right of defence.

5. I have considered the matter. Without prejudice to the prosecution case there are material circumstances which lend support to the submission. In the F.I.R. there is no mention of the presence of deceased's gun in the house of the petitioner which admittedly has been asserted in the complaint filed by the same informant. I do not wish to go deeper into the fact as to which party had the motive for attack. Suffice it to say that the petitioner's sister bore fire‑arm injuries and deceased's gun was recovered by the police from the house of the petitioner. These facts make out a case for bail to the petitioner. I. therefore, direct that he should furnish bail to the tune of Rs.25,000 (twenty‑five thousand) with two sureties in the like amount to the satisfaction of the A.C./Duty Magistrate, Lahore, pending trial.

S.G.D./A‑43/L 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.