Ahsan Ul Haq VS Liaquat Ali

I

it'l ;'.ii:r, h".". 168.8-7014 Form No: HilDl$121.

ORDER 5HEET.

IN THE ISLAMABAD HIGH COURT, ISLAMADAD.

JUDICIAL DEFARTM[NT.

Crl. Misc. Na.r68-B :or4

Ahsan-u[-Haq Vs.

The State & Another

S. No. of Date of Order with signature of Judge and that cf order/ order/ parties or counsel where necessary. proceedlngs proceedings

r2.o5,2014 Mr. Muhamrnad Fiazrr Abh:asi, rqc.h,ur-ate f*r tite petitioner.

Raja Rizwan Ahhasi, Arivocate {rrr r.tl;rp:::inar:r" JVlr. MuhammaC jahi.ri:qir Kh.;* .rsJp6rr, :,r-,:,-fiir...: C*unsel with A;liar i'i4&l':";'1i,,)d, :t rriif t t rtr..{i}" Through t;,.: 1" '-6'',- 1,' likt ti': i1-1;:. pglii.,;r"1pi seeks pCSt arrest !-,*il ;''j COlne{*tri}. .,,.:i"t iillt ri,r.il, ?013 *ated 14.Oq.?i>t,; t;l* \t'?-'jq llllr-. p.r. ftair .,tia, IsiamabaJ.

Z" The abcve ftF, \.vas l+rlgerl r . lhe fr:rrrai compiairit *f l.i,rqat Al,, 4!lqg';*g ti.lrit:in tl,.*t ;ri( 1.,j;.r namel1,, Sirahrd Mahlrrr:ccl :Iflr.:iJ *r:;".,', )7 .i.x:tr,, yt4,.;

working as tr \itfrtchmarr iri irtr, {a1.i,t 111115g ,rf r::rf Mazhar Hussain for the iast 1Sl,:fi :iay,,:;. *ri t,q.og.ton, at around 8:3o a.nr., Qarr_rar Zan*r, ir-.{orr"*eC hini. i.hai Rustam had toid irirn thar his scr r,v.:s adrr:itterJ in rire PIfuIS l{osoital, lslarnailad *'t ;ti(r)tr..t';' ;f fi;^s isijirrv.

lne cortrpi*iri;:nt k!e fii !.i; i.j"ls; Fi()qi-,:l;l l;rrj .t.,,i:r:ri ti:i,:

Crl. Misc. No.168-B-2014

dead body of his son. There, he askeclAbrar, Sajid and Mazher about the incident, and Mazhar talcl hir-n that he was present in his hsuse at 7:oo am, when he heard sound of firing frorn his farm l-:ouse. He rushed towards the farm house, and there he found that Sabeel Ahmed equipped with Kalashnikov, IhEan equipped with repeater, and Muhammarj Tufai!

equipped with 3o-bore pistol were feeirrg away after firing. There, he found Shahid Mahmood iying inside the farm house, in an injured condition, l,le was taken to the haspital, but he succumbed ta the injuries.

3.Earlier, the petitioner filed an appli;,::;on fcr" pre-arrest, which was withdrawn b1.him on 22.1o zo13 and on the same day, he was erresteil hy the p<;lir"e since then, he is bind the bars. Th* petitiorrer fileri petition for bail after arrest, wl-.rich was rejected by the learned Additional Sessions Juclge, Islamabacl vide order dated 08.o4.lc!14, hence this bail petition.

4.lt has been argued by the learned counsei for the petitioner that the abcve FIR has falsely been registered against the petitioner; that no role is attributed to the petitioner in the corpus *f FIR; thnt the petitioner did not cause aily injury to rht: deceased; that ineffective frring w*s attributed to the

fr.i, Misc. Nr:.168-B-2014

deceased; that ineffective firing vyas attributed to the petitioner, which definitely mal<es the case of the petitioner as that of further inquiry; that there is a difference between the postmortem report anC Naqsha Mazroobi of the dece*secl; that the complainant himself is not the witness of the occurrence, and whole of the prosecution story is built against the petitioner on account of some statement recorded u1s r6r Cr.p.(.; that there is no enmity betrveen the petiticner and the cleceased.

While referring different FIRs, iearned ccunsel for the petitioner has contended that vari<-rus crirnirial cases were pending against the deceaseC. fularesver, he was absconder in ca:ie FIR \is.4*r date* 1Q.c$.ltrtJ] registered uls 3gz PPC. tn support oj h;s c<",rntentir:ris, he has relied upan :or3 YLR r4r6 (Ramzan & Another Vs. The State) PLJ :o11 Cr.C. (Lah*re) 11g (Afiah Bachaya Vs. State & Ar"rother) & zr:uu, i-)"(i-. .-t f,:o (Tasaver & Another Vs. The State).

5.Conversely, learnecl counsel for the cornplainant has argued that weapol: of r:ffence ha:

been recovered on the point*tian s"i the present petitioner. The prosecution witnesses have seen .the petitinner being equipped with weapons, at the place,

{rl. t\tisc. N0.16B-B-2014

6.Learned Standing Counsel has adopted the arguments advanced by the learned ccunsel for the compIainant.

V" Arguments heard and record perused.

8.Admittedly, the complairrant is not the eye witness of the alleged incident, 'nut pW Mazhar Hussain, Sajjad Mahmoad & lbrar, who are eyewitnesses have implicated the present petiticner by assigning role through the statements re*ord*d uls t6t Cr.P.C.

g. Morecver, from the scene r:f incident, palice has secured empty *f Kelashnikov, tw* rartriclges fired from repea{er anci enrpty bullets fireC fr,:m the prstol.

10.The allegation agair"'rst the pr#rtlnt petitioner is that he fired in the air lt is stated i",; ihe tWs Saij;tr!

Mahn"rood & lbrar that the petitione;- fireri alon g utilk co-accused with repeater over thern, wha saued themselves by taking shelter of walls. Such act done cn the part of the petition*r is cirriy suppcrted by rnemo of recoveries *nd sigrrs af firing avajtat:le on walls, which have also heerr i"r:":ted b_v separate memo where the PWs hidden thernseives

c.l. iviisc. trto.16E-B-2014

11.Under thes* circurnstances, the role of the petitioner is of the nature to facilitate others for committing murder and in this connection, he fired upon both the PWs with the repeater, which could n*t hit them, as they took shelter l:y hiding themselves behind the walls. i:ar argunrents' 5al<e, the plea raised on behalf of the petitioner is believed to be correct for not rausing iniury to the deceasect or any PWs, it might support the prosecution case, hut attempt to commit murder is visihiy available against him.

12 Under the rircumstances narrated above, I *;-r.:

not inclined ta grant bail to ihe *reserrt i:etiti*ner Hence, this bail petfti*n is dismisssd.

i3. The learneri trial court is directed n:*t tt.r he influenced by the ab*ve observations, as the sante are tentative in nature.

(No fl1Q N, RHsHt)

JUDGH

Zawar