Noor Ahmad

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

Crl. Misc. No._____________CB/2002 Noor Ahmad S/o Basheer Ahmad, caste Sagla, R/o Chak No. 56/GD, P.S. Noor Shah, District Sahiwal. Petitioner VERSUS 1. The State. 2. Hashmat Ali S/o Qutab Ali, caste Sagla, R/o 56/GD, Tehsil & District Sahiwal. Respondents

Petition for cancellation of bail U/s 497 (5) Cr.P.C.

Case: F.I.R. No. U/s: P.S.

524/20001 Dated: 23.9.2001 302, 324, 148, 149 P.P.C. Noor Shah (Sahiwal).

Respectfully Sheweth: 1. That the names and addresses of the respective parties have correctly been given in the caption of the petition for the purpose of their summons and citations. 2. That the F.I.R. in his case was registered on the statement of Noor Ahmad (petitioner). He stated that on 23.9.2001 at 9:30 A.M., the complainant Noor Ahmad, along-with his father Bashir Ahmad, uncle Mamand and brothers Lal Khan and Zahoor Ahmad, came towards the fields for cutting fodder and for

watering his paddy field. When they reached in the Eastern side of the paddy crop of Hanif son of Mehr Din, the accused Allah Yar, armed with rifle 7-mm, Ali Sher armed with 12-bore gun, Hashmat Ali (present petitioner) armed with Soti, Nousher armed with gun 12-bore, Ashraf, Qutab, Mamand, Bashir and Iqbal, accused persons armed with Sotas, abruptly made their appearance there when Mamand accused raised Lalkara that members of the complainant party be taught lesson for disgracing Allah Yar. Then and there, Ashraf accused gave Sota blow on the head near upper part of left ear of Lal Khan, complainant’s brother; Qutab accused gave Sota blow which landed on the head on the upper part of the left ear of Lal Khan, aforementioned; Nousher accused gave firearm injury with his gun 12-bore which hit him on the back of his left hand. Meanwhile, Ali Sher, accused gave 12-bore gun injury to Lal Khan on his left arm and on the left part of his chest, where-after, he fell on the ground. The members of the complainant party stepped forward to rescue Lal Khan when all the accused persons gave Sota and rifle butt blows to them and thereafter, they succeeded to flee away from the venue of occurrence, the petitioner/accused herein Hashmat Ali also sustained injuries due to the firing of the members of the accused party. However, Lal Khan, the complainant’s brother, succumbed to the injuries at the spot. The cause of malice is stated to be that sometime before the present occurrence, the complainant’s brother Lal Khan had some scuffle with Allah Yar accused, in which, Lal Khan and Zahoor, the complainant’s brother, had given beating to Allah Yar. In retaliation of this scuffle, the members of the accused party alleged to have made murderous assault upon the members of the complainant party causing death of Lal Khan, brother of the complainant. Copy of the F.I.R. is Annex “A”. 3. That the respondent No. 2 in this case applied for the grant of post arrest bail and the same was allowed by the learned A.S.J. Sahiwal vide order dated 11.2.2002. Copy of order is Annex “B”.

4. That the impugned order dated 11.2.2002 is liable to be set aside inter-alia on the following: GROUNDS i)

That the impugned order is against the norms of natural justice and prevailing law.

ii)

That no doubt, no injury is attributed to the respondent No. 2, in F.I.R., but the respondent No. 2 is fully implicated in the statement of witnesses/injured witnesses.

iii)

That the impugned order is passed on the basis of deeper appreciation of evidence, which is always deprecated by the higher courts.

iv)

That the presence of the respondent No. 2 was proved on the spot. His presence coupled with the factum of causing injury to witness (Noor Ahmad) is sufficient to disentitle the respondent No. 2 from the relief, graced by the lower court.

v)

That the act, conduct and rule attributed to the respondent No. 2 is falling within the preview of facilitation, common intention and vicarious liability.

vi)

That the observation of the learned lower court regarding the ailment of respondent No. 2 is against the opinion of Medical Board constituted by the orders of the learned lower court.

vii)

That the impugned order is patently illegal, unlawful and without consideration of judicial mind.

viii) That the impugned order is perverse, capricious and against the facts of the case. Keeping

in

view

the

above-mentioned

circumstances, it is respectfully prayed that the

impugned order may please be set aside/recalled and the concession of bail graced to the respondent No. 2 may please be withdrawn. Any other relief which this Hon’ble court deems fit, may please be extended in the favour of petitioner to meet the ends of justice. Humble petitioner, Dated: ___________

Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176

CERTIFICATE: Certified as per instructions of the client, that this is the first petition on the subject matter. No such petition has earlier been filed before this Hon’ble Court. Advocate

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

Crl. Misc. No._____________CB/2002 Noor AhmadVs.

The State etc.

INDEX S. No. DESCRIPTION OF DOCUMENTS ANNEXES PAGES 1

Urgent Form

2

Crl. Miscellaneous.

3

Affidavit

4

Copy of F.I.R.

A

5

Copy of order dated 11.2.2002.

B

6

Vakalatnama. PETITIONER

Dated: ____________ Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

Crl. Misc. No._____________CB/2002 Noor AhmadVs.

The State etc.

AFFIDAVIT of: Noor Ahmad S/o Basheer Ahmad, caste Sagla, R/o Chak No. 56/GD, P.S. Noor Shah, District Sahiwal.

I, the above named deponent do hereby solemnly affirm and declare as under: 1.

That the names and addresses of the respective parties have correctly been given in the caption of the petition for the purpose of their summons and citations.

2.

That the F.I.R. in his case was registered on the statement of Noor Ahmad (petitioner). He stated that on 23.9.2001 at 9:30 A.M., the complainant Noor Ahmad, along-with his father Bashir Ahmad, uncle Mamand and brothers Lal Khan and Zahoor Ahmad, came towards the fields for cutting fodder and for watering his paddy field. When they reached in the Eastern side of the paddy crop of Hanif son of Mehr Din, the accused Allah Yar, armed with rifle 7-mm, Ali Sher armed with 12bore gun, Hashmat Ali (present petitioner) armed with Soti, Nousher armed with gun 12-bore, Ashraf, Qutab, Mamand, Bashir and Iqbal, accused persons armed with Sotas, abruptly made their appearance there when Mamand accused raised Lalkara that members of the complainant party be taught lesson for disgracing Allah Yar. Then and there, Ashraf accused gave Sota blow on the head near upper part of left ear

of Lal Khan, complainant’s brother; Qutab accused gave Sota blow which landed on the head on the upper part of the left ear of Lal Khan, aforementioned; Nousher accused gave firearm injury with his gun 12-bore which hit him on the back of his left hand. Meanwhile, Ali Sher, accused gave 12-bore gun injury to Lal Khan on his left arm and on the left part of his chest, where-after, he fell on the ground. The members of the complainant party stepped forward to rescue Lal Khan when all the accused persons gave Sota and rifle butt blows to them and thereafter, they succeeded to flee away from the venue of occurrence, the petitioner/accused herein Hashmat Ali also sustained injuries due to the firing of the members of the accused party. However, Lal Khan, the complainant’s brother, succumbed to the injuries at the spot. The cause of malice is stated to be that sometime before the present occurrence, the complainant’s brother Lal Khan had some scuffle with Allah Yar accused, in which, Lal Khan and Zahoor, the complainant’s brother, had given beating to Allah Yar. In retaliation of this scuffle, the members of the accused party alleged to have made murderous assault upon the members of the complainant party causing death of Lal Khan, brother of the complainant. Copy of the F.I.R. is Annex “A”. 3.

That the respondent No. 2 in this case applied for the grant of post arrest bail and the same was allowed by the learned A.S.J. Sahiwal vide order dated 11.2.2002. Copy of order is Annex “B”.

4.

That the impugned order dated 11.2.2002 is liable to be set aside inter-alia on the following: GROUNDS i)

That the impugned order is against the norms of natural justice and prevailing law.

ii)

That no doubt, no injury is attributed to the respondent No. 2, in F.I.R., but the respondent No. 2 is fully

implicated in the statement of witnesses/injured witnesses. iii)

That the impugned order is passed on the basis of deeper appreciation of evidence, which is always deprecated by the higher courts.

iv)

That the presence of the respondent No. 2 was proved on the spot. His presence coupled with the factum of causing injury to witness (Noor Ahmad) is sufficient to disentitle the respondent No. 2 from the relief, graced by the lower court.

v)

That the act, conduct and rule attributed to the respondent No. 2 is falling within the preview of facilitation, common intention and vicarious liability.

vi)

That the observation of the learned lower court regarding the ailment of respondent No. 2 is against the opinion of Medical Board constituted by the orders of the learned lower court.

vii)

That the impugned order is patently illegal, unlawful and without consideration of judicial mind.

viii) That the impugned order is perverse, capricious and against the facts of the case.

DEPONENT Verification: Verified on oath at Multan, this _____ day of March 2002 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT