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Criminal Miscellaneous No. 2656-B of 1980, decided on 27th August 1980.

------Ss. 497/498-Bail-[Murder-case] ---- Three injuries on hand of deceased not likely to have been inflicted in case of deceased being secured by two persons-Matter, held, requires further inquiry Bail granted.

Muhammad Ashraf Azim and Muhammad Iqbal for Petitioners.

Mian Muzaffar Ahmad with Ghulam Qadir for the Complainant.

Muhammad Rafiq for the State.

The two petitioners alongwith their co-accused Arshad (real brother) are accused of an offence under section 302/34, P. P. C. According to the contents of the F. I. R. the three accused followed Ali Muhammad with whom previously Arshad had an altercation. On finding him in the grinding-mill, the two accused secured him while Arshad inflicted 13 injuries with a sharp-edged weapon. It is admitted by both sides that one injury No. 13 was grievous and the rest were simple. It is also admitted that three injuries were on the right-hand, while one of them was at the back. It is contended by the learned counsel for the petitioners that the two applicants have been involved in this case falsely. The contention of the learned counsel for the complainant is that the two petitioners did participate actively in facilitating an attack by Arshad, their real brothers. It is further stated that it is not a case for granting them bail at this stage.

2. After hearing the learned counsel for the parties I find that the three injuries on the hand of the deceased, prima facie, could not have been inflicted if he was secured by two persons. In this view of the matter, it is a case for further inquiry.

3. I, therefore, direct that the two petitioners be released on bail on their furnishing a bail-bond in the sum of Rs. 20,000 each with one surety each in the like amount to the satisfaction of A. C., Pakpattan.

Bail granted,

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