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Criminal Miscellaneous No. 641/B of 1986, decided on 10th September, 1986.

‑‑‑S. 497‑‑Penal Code (XLV of 1860), S. 302/34‑‑Bail, grant of‑‑Accused challaned on verdict of arbitrators and no material was available on record supporting verdict of arbitrators‑‑Accused arrested after four months of occurrence and not named in F.I.R.‑‑Complainant and witnesses sticking to version given in F.I.R. implicating two other persons‑‑Complainant dissatisfied with investigation, filing private complaint against assailants mentioned in F.I.R. and not naming accused as culprit‑‑Reasonable grounds to believe that accused was guilty of offence, therefore, did not prima facie exist‑‑Bail granted in circumstances.

Ch. Muhammad Ishaque Khan for Petitioner.

Sh. Abdul Rashid for the State.

Azhar Iqbal, petitioner, has made this petition for the grant of bail who stands arrested in case F.I.R. No. 212, dated 25‑12‑1985 under section 302/34, P.P.C. registered at Police Station Chak Bedi, District Sahiwal. Deceased in this case is Abdul Hameed son of the complainant, namely, Nazir Ahmad. The complainant lodged F.I.R. at the police station at 2‑30 P.M. on the day of occurrence, alleging that he alongwith his son Abdul Hameed (deceased) and Muhammad Rafiq and Abdul Latif P.Ws. were stocking dry twigs of cotton plants on their own land. Muhammad Anwer and his son Zafar Iqbal alias Allah Rakha came there and started abusing them saying that the complainant party was damaging their wheat crop. In the meantime Zafar Iqbal alias Allah Rakha ran into his house and having brought loaded .12 bore gun handed it over to his father Muhammad Anwer for shooting at Abdul Hameed. Muhammad Anwer took the gun and shot at Abdul Hameed killing him on the spot.

2. Muhammad Anwer and Zafar Iqbal were arrested and initially found guilty and a challan was also prepared against them. Subsequently, three arbitrators from either side were appointed for deciding as to who were the actual culprits. The arbitrators gave their decision on 13‑2‑1986 declaring Zafar Iqbal and his father Muhammad Anwer accused as innocent and that Azhar Iqbal, petitioner, as responsible for having fired at and killed the deceased with .12 bore gun. On the basis of this verdict of arbitrators the Superintendent of Police, Sahiwal, directed that Muhammad Anwer and Zafar Iqbal be got discharged and Azhar Iqbal, petitioner, be challaned. In pursuance thereof, Muhammad Anwer and Zafar Iqbal were got discharged and the petitioner was arrested on 15‑ 4‑ 1986 and challaned. The petitioner's bail plea was declined by the lower Court, hence, this application.

3. I have heard learned counsel for the petitioner as well as for the State and also perused the record.

4. It is contended that the petitioner is innocent and that there is no admissible reliable evidence on the record worth the name implicating the petitioner and as such there do no exist reasonable grounds to believe that he is guilty of committing an offence punishable with 10 years' R.I. or above. Learned counsel appearing on behalf of the State has failed to controvert this assertion and has simply submitted that there is verdict of the arbitrators holding the petitioner guilty of murdering Abdul Hameed with a gun.

5. I have carefully considered facts and circumstances of the case. No evidence material on file has been pointed out in support of the decision of the arbitrators. The petitioner admittedly was arrested 4 months after the alleged occurrence. He is not named in the F.I.R. It is worth noting that the complainant as well as prosecution witnesses named in the F.I.R. are sticking to the version given in the F.I.R. implicating Muhammad Anwer and Zafar Iqbal as murderers of Abdul Hameed, deceased, and for that matter Nazir Ahmad, complainant, having been dissatisfied with the findings of the Police Investigating Agency has filed private complaint against Muhammad Anwer and Zafar Iqbal. In this complaint no allegation whatsoever has been made against Azhar Iqbal, petitioner. In these circumstances, I am of the view that prima facie there do not exist reasonable grounds to believe that the petitioner is guilty of committing the murder of Abdul Hameed deceased. Consequently, I allow this petition and direct that the petitioner be released subject to his furnishing bail bonds in the sum of Rupees twenty thousand (Rs. 20,000 only) with two sureties each in like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Pakpattan.

S.A./A‑65/L Bail granted.

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