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Criminal Miscellaneous No. 633/B of 1981, decided on 7th March, 1981.
------S. 497-Bail, grant of---[Murder-case]--Fatal head injuries of deceased attributed to co-accused while petitioners responsible only for causing simple injuries to prosecution witnesses--Case of petitioners, held, required further inquiry as envisaged under S. 497(2) of Criminal Procedure Code-Petitioners allowed bail, in circumstances.
Ch. Bashir Ahmad for Petitioners.
Muhammad Asghar-I for the State.
The four petitioners Yousaf, Zaman, Yara and Ismail who alongwith two others namely Ilahi and Jalla are being prosecuted under sections 302, 322 read with section 149 and section 148 of the Pakistan Penal Code, have come up to this Court for bail after it was declined by a learned Additional Sessions Judge, Sargodha vide order dated the 5th January, 1981.
2. According to the F. I. R. Ilahi and Jalla co-accused gave a stick blow each on the head of the deceased while the petitioners belaboured Karam Ali and Muhammad Nawaz F. Ws. Yara and Ismail petitioners also gave a blow each on the arm and the shoulder of the deceased. The motive was a dispute over the distribution of funeral charges.
3. The learned counsel for the petitioners submits that the F. I. R. was delayed and lodged after deliberations. The occurrence was an outcome of a sudden quarrel on a petty matter and the story of ambush is false. The injuries suffered by the deceased and the witnesses could well have been caused by just one or two persons while practically all the male members of the accused family have been implicated. The injuries of Karam Ali and Muhammad Nawaz are simple. No blood-stained sticks have been received from the petitioners. For the above reasons, the learned counsel submits that the petitioners are entitled to bail.
On the other hand, the learned counsel appearing for the State opposes the bail on the ground that all of them are named in the F. I. R. participated in the occurrence and attacked from an ambush.
4. Without going deeper into the merit of the respective submissions, lest it prejudice the case of either party, but keeping m view the number and the nature of injuries suffered by the complainant party and the delay in lodging the F. I. R. I think that the case of the petitioners requires further inquiry as envisaged under section 497 (2) of the Code of Criminal Procedure. Accordingly, I direct that Yousaf, Zaman, Yara and Ismail shall be released on bail subject to their furnishing bail bonds in the sun; of Rs. 30,000 (Rupees Thirty Thousand) each with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Sargodha.
Bail allowed.
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