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Criminal Miscellaneous No. 3070/B of 1976, decided on 8^th September 1976.

----S. 497‑Deceased dying of head injury attributed to co‑accused already admitted to bail and case of petitioners not worse than that of co‑accused‑No reasonable grounds exist to believe that petitioners committed an offence punishable with death or imprisonment for life‑Petitioners admitted to bail, in circumstances.‑[Bail].

M. Nawaz Kasuri for Petitioners.

Walayat Umar Chaudhry for the State.

A case is registered against the petitioners along with others under section 302/307/3,44/148/149, P. P. C. on the 7th of October, 1975. Respect ing the same occurrence there is a cross‑case registered against the complain ant party (consisting of 8 persons) at the instance of Muhammad Afzal, a partisan of the accused party in the present case under section 325/342/148/ 149, P. P. C. It appears that there was a sudden fight between the parties in the course of which six members of the accused party received in all 43 injuries at the hands of the complainant party including the deceased, and the complainant party received in all nine injuries at the hands of the accused party. The deceased in this case sustained three injuries out of which two were simple and the third was grievous which has been attributed to Muhammad Shad co‑accused already admitted to bail vide an order of 'Mr. Justice Saleem Mazhar dated 12‑7‑1976 in Cr. Misc. No. 2441/B of 1976. It may be mentioned at this stage that the members of the complainant party in the cross case have been admitted to bail. From amongst the present petitioners, Talib Hussain was stated to be armed with a knife whereas the rest of the petitioners were armed with dangs. Ismail petitioner has three injuries on his person and Akbar Ali petitioner has ten injuries on his person. However, Talib Hussain and Khadim Hussain petitioners did not sustain any injury. Talib Hussain petitioner is stated to have caused a simple incised injury to the deceased. Ismail petitioner who had three injuries on his person is stated to have caused a simple blunt weapon injury to the deceased and also an identical injury To Khair Din P. W. Akbar Ali petitioner is stated to have given one dang blow to Khair Din P. W. whereas Khadim Hussain petitioner is stated to have given one dung blow to the complainant. I have already observed above that the deceased in this case died of the head injury, which was attributed to Muhammad Shafi co‑accused already admitted to bail. The case of the present petitioners could not be considered as worse than that of Muhammad Shafi, co‑accused. I do not wish to comment on the nature of evidence in this case. But in my view, prima facie, there are no reasonable grounds to believe that the petitioners have committed an offence which is punishable with death or imprisonment for life and therefore, I admit them to bail subject to their furnishing security in the sum of Rs. 20,000 (Rupees twenty thousand only) each with two sureties in the like amount to the satisfaction of A. C., Lyallpur.

Petition allowed.

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