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Criminal Miscellaneous No. 2110-H of 1982, decided on 14th March, 1981,
-- S. 497-Bail pressed on grounds : (i) no specific injury alleged against petitioner, (ii) injuries alleged to have been caused by peti tioner found simple in nature, (iii) co-accused being not challaned, it cannot be said whether he or any one of petitioners caused grievous injury, (iv) occurrence taking place at night time and motive stated to be two-fold, matter for trial Court to judge whether motive enough for committing offence-Co-accused, however, found inno cent investigation completed and challan already forwarded for submission to Court-No reasonable ground, held, appear to peti tioners having committed an offence punishable with death or life imprisonment-Bail granted.
Muhammad Akbar v, Stare 1978 S C M R 7 ref.
-- S 497-Allegation as to Petitioner having caused specific injuries to deceased borne out by medical evidence and motive-Bail, declined.
Mehr Ghulam All Mubashar for Petitioners.
Muhammad Abual Fateh for the State.
Akhtar Husain Siddfqui for the Complainant.
The petitioners seek bail in case F. I. R. No. 37 dated 5th April, 1981 of Police Station Mitha Tiwana, District Sargodha, under sec tion 302/452/325/148/149, P. P. C.
2. Briefly the allegations are that all tho petitioners along with Gulzar and Munir (who have not been challaned) armed with sotas except Ahmad Khan who was armed with a gun entered the house of the - com plainant at about mid-night of 4tb/5th of April, 1981, and started throw ing out the luggage from the rooms of the complainant. On intervention of Muhammad Bashir deceased, Allah Bakhsh accused gave him a sota blow which struck on the right arm of the deceased. Ehsan petitioner gave a kick on the private parts of the deceased as a result of which he fell down. Muhammad Sadiq petitioner and Gulzar co-accussed (not challaned) are alleged to have caused injuries to Mst. Suban P. W. Muhammad Sadiq, Fateh Sher and Zahid are alleged to have caused injuries with their sotas to Muhammad Mumtaz P. W. Ahmad Khan petitioner is also alleged to have given injuries to Muhammad Mumtaz P. W. with the butt of his gun. He received in all 8 injuries Muhammad Yousaf complainant had received five injuries which were allegedly caused by Fateh Sher, Ehsan and Muhammad Munir co-accused (not challaned). Excepting injury No. 1 on, the hand of Muhammad Yousaf complainant all the other injuries suffered by the P. Ws. were found simple. The occurrence is stated to be sequel to a dispute regarding taking of posses sion of the land which was previously in the possession of the complainant and was then allotted to the accused-petitioners in the consolidation proceedings.
3. It is contended on behalf of the petitioners that no specific injury to the deceased has been alleged against Muhammad Sadiq, Fat eh She r, Zahid and Ahmad Khan petitioners. Allah Bakhsh and Ehsan have been alleged -to have given one injury each to the deceased. The injuries alleged to have been caused by the petitioners to the P. Ws. have beed found simple. No doubt an injury on the band of Muhammad Yousuf complainant was found grievous but since other one person who has been alleged to have participated in causing injuries to Muhammad Yousuf has not been challaned it cannot be said whether he or any one of the petitioners had caused the grievous injury. In this regard reliance is placed by the learned counsel for the petitioners on 1978 S C M R 7 and 1976 P Cr. L J 1059 A wherein bails were granted to the persons against whom there were allega tions of having caused simple injuries to the P. Ws. It is also argued that it was a night occurrence and the motive stated is two-fold and it will be for the trial Court to judge as to whether the same motive was enough for committing the offence or it was enough for the complainant to involve innocent persons.
4. On behalf of the State it has been argued that specific injuries have been alleged against all the petitioners, that the injuries ascribed to Allah Bakhsh and Ehsan on the person of the deceased find corroboration from the post-mortem report and that all the petitioners bad common intention to commit the offence.
5. I have considered the arguments of the parties. Two person have already been found innocent. The F. I. R. to that extent has been belied. This fact gains importance in view of the fact that both of them have been ascribed specific injuries. Muhammad Sadiq, Fateh Sher, Zahid and Ahmad Khan petitioners are not alleged to have caused any injury to the deceased. Ahmad Khan who was allegedly holding a gun did not make even an attempt to use it as a firearm weapon: The investigation is complete and the challan has already been forwarded for sub mission to the Court, In the circumstances, no reasonable ground appears that the petitioners Muhammad 8adiq, Fateh Sher, Zahid and Ahmad Khan have committed an offence punishable with death or life imprison ment. They shall, therefore be released on bail provided they furnish bail bonds in the sum of Rs. 25,000 each, with two sureties each, in the like amount, to the satisfaction of the Assistant Commissioner, Khushab.
6. With regard to petitioners Allah Bakhsh and Ehsan, specific injuries have been alleged to have been caused by them to the deceased which are borne out by the medical evidence, The dispute regarding the C land was also with Allah Bakhsh petitioner and as such he might have a motive. In view of allegations against these two petitioners, no case for bail is made out. Their petition is rejected.
Order accordingly
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