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Criminal Miscellaneous No. 221‑B of 1981, decided on 21st January 1981.

‑‑‑ S. 497/498‑Bail‑Dispute pertaining to possession of same land existing between both parties and litigation in such regard also going on‑Parties confronting each other‑One side comprising five persons and other having six persons‑One person killed on each side‑Members of both parties admitted to bail except petitioners‑Case, in circum stances, held, made out for release on bail of petitioners as well [case though relating to jurisdiction of another Bench of High Court] as recently constituted yet previous bail application of co‑accused having been decided by Court seized of present application as also for reason of earlier bail application having been lying in previous place of its decision and further in conformity with Supreme Court view as to bail application being heard by same Bench as decided or disposed of bail application of co‑accused, matter placed before Chief justice and on his approval heard and decided by same Court as heard case of co‑accused.‑[Jurisdiction].

Ch. Muhammad Anwar Bhinder for Petitioners.

Malik Sarfraz Hussain for the State.

[21‑1‑1981].

This bail matter relates to Police Station Haveli, Tehsil Dipalpur, District Sahiwal, which, at present, is within the jurisdiction of Multan Bench of this Court. Previous application of bail of some of the co‑accused, namely, Criminal Miscellaneous No. 4143‑B of 1980, was decided by me on 22‑12‑80 at Lahore. It is submitted by learned counsel that since the previous bail application in this case was disposed of by me and as I was not currently sitting at the Multan Bench, and furthermore since the file of the earlier bail application was also lying at Lahore, the present bail application be heard at Lahore by me as the Supreme Court had also held that a bail application in a case should be heard by the same Bench which had earlier decided or disposed of the bail application of the co‑accused.

2. Admit. Notice.

3. Put up alongwith Criminal Miscellaneous No. 4143/B of 1980. The office should place this matter before the learned Chief Justice for approval of the matter that the final hearing of this bail application be fixed at Lahore.

[31‑1‑1981].

In continuation of my order dated 21‑1‑1981 and in the light of the order passed by me on 22‑12‑1980 in Criminal Miscellaneous No. 4143/B of 1980, it is stated in the F. I. R. that Muhammad Sarwar fired a shot which hit Abdul Shakoor petitioner on his leg. Then he fired another shot which bit Abdul Ghafoor petitioner. It was thereafter that the present two petitioners who were armed with hatchet and khunda attacked Muhammad Sarwar along with Farooq Ahmad co‑accused and caused injuries to him which led to his death. I have already mentioned in my order referred to above that prima facie it appears that since there was a dispute pertaining to the possession of some land between both the parties and litigation was going on, they confronted each other. On one side there were five persons including the deceased and on the other side there were six persons including the deceased. One person has died on either side. Members of both the parties have been admitted to bail except the present two petitioners. In the light of what I have discussed in my earlier order, a case is made out for the release of the, petitioners on bail. The petitioners are admitted to bail subject to the furnishing security in the sum of Rs. 30,000 each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Dipalpur. This petition stands disposed of.

Bail allowed.

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