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Criminal Miscellaneous No. 502/11 of 1975, decided on 7th March 1975.
----Ss. 497(2) & 498‑Bail‑‑Cross‑cases‑Cross‑cases between parties investigated into by several Police Officers including Deputy Superintendent and finally only three accused challaned in case against petitioners, remaining accused including petitioners being placed in column 2 of challan‑Not proper, held, to deprive petitioners of their liberty until material evidence recorded‑Penal Code (XLV of 1860), Ss. 302, 307,.
Sh. Nasim Hassan for Petitioner.
M. Sarwar Awan for the Complainant.
Khuda Dad Burki for A: G. (Pb.) for the State.
This petition for bail has arisen out of an incident that occurred on. the 20th of July 1974. Two cases one against the other, were registered as a result of that incident. In one of them, 7 persons were accused of causing the death of one person and injuring three others. The petitioners are two out of the 7 accused in that case. Two other accused have already been enlarged on bail on account of their old age and also on account of the fact that at the trial lalkara was attributed to them.
According to the F. I. R., the two petitioners are responsible for causing injuries to two witnesses, which did not prove fatal. In the cross‑case, how ever, the allegation is that Saifullah, a co‑accused, was abducted by the other side and Razaullah and Hafeezullah, two other co‑accused, tried to release him from the clutches of the opposite‑party which attempt resulted in cross -firing.
It is alleged that Raza Ullah accused also sustained fire‑arm injuries. These two cases appear to have been investigated by as many as four Police Officers including the District Superintendent of Police. As a final result of these investigations, only Hafeezullah, Saifullah and Razaullah accused have been challaned in the case in question while the remaining four accused including the two petitioners have been placed in column No. 2 of the challan.
In these circumstances until material evidence is recorded, I do not consider it proper to deprive the petitioners of their liberty. Accordingly I admit each of them to bail in the sum of Rs. 12,000 with two sureties each in the like amount to the satisfaction of the Inquiry Court.
Bail allowed
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