| Citation(s) |
|---|
| 2026 SLD 3421 |
Islamabad High Court
Criminal Misc. No. 753-B of 2022
Presented By: ARBAB MUHAMMAD TAHIR
22.06.2022 Petitioners on ad-interim pre arrest bail with Mr. Basharat Hussain Raja, Advocate. Mr. Zeeshan Babar, State counsel, M. Mansoor, Inspector/IO and M. Malik ASI with record.
Criminal Misc. No. 753-B of 2022
Presented By: ARBAB MUHAMMAD TAHIR
22.06.2022 Petitioners on ad-interim pre arrest bail with Mr. Basharat Hussain Raja, Advocate. Mr. Zeeshan Babar, State counsel, M. Mansoor, Inspector/IO and M. Malik ASI with record.
Ayaz Javed & another
VERSUS
The State, etc.
Law: Arms Ordinance, 1965
Section: 13, 20
Case Summary
Nature of Proceeding
Pre-Arrest Bail (Criminal Miscellaneous) — petition seeking confirmation of interim pre-arrest bail
Parties
| Role | Description |
|---|---|
| Petitioners/Accused | Ayaz Javed and Javed Akhtar |
| Co-Accused (Apprehended) | Asjad Javed (whose disclosure named the petitioners) |
| Complainant | Muhammad Malik, ASI |
FIR Details
| Detail | Description |
|---|---|
| FIR No. | 92, dated 24.04.2022 |
| Police Station | Nelore, Islamabad |
| Offences | Section 324, 186, 353, 34 PPC + Sections 13, 20 of the Arms Ordinance, 1965 |
| Time/Place | 12:10 pm, village Charah, Islamabad |
Prosecution's Version (Per FIR)
- Police party under Muhammad Malik ASI entered a street for a combing operation.
- Three unknown persons fired at the police party from the roof of a house.
- Police encircled the house and arrested Asjad Javed (co-accused) with a .30 bore pistol containing 5 live bullets.
- The other two assailants escaped.
- Asjad Javed disclosed the names of the petitioners — his father (Javed Akhtar) and brother (Ayaz Javed) — as the other two assailants.
Arguments
Petitioners' Counsel
- FIR story is concocted and false.
- Section 324 PPC (attempt to murder) is not attracted — no injuries caused.
- All remaining offences are bailable.
- No private witness of the occurrence despite daylight occurrence in a public area.
State Counsel
- Petitioners named in FIR on the immediate disclosure of co-accused Asjad Javed, soon after apprehension.
- Petitioners are father and brother of the co-accused — making their identification reliable.
- Petitioners retain criminal record.
- Incriminating material available: statements of police officials (eyewitnesses), empties recovered from the spot, weapon recovered from co-accused.
- Section 324 PPC falls within the prohibitory clause of Section 497 Cr.P.C.
Court's Analysis
Key Evidentiary Observations
1. Absence of Independent/Private Witnesses:
The occurrence allegedly took place in broad daylight but no witness from the public from that particular area was cited. In the attending circumstances, this cannot be overlooked at the bail stage where only a tentative assessment of material is permissible — especially since the alleged attack was not between private persons but an attack upon a police party (implying greater visibility/public interest).
2. No Injuries — Allegation of Ineffective Firing: