Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Criminal Miscellaneous No. 3140-B of.1982, decided on 22nd January, 1983.
S. 497/498--Bail--Murder-Occurrence taking place in bazar in free fight when members of both parties closely related were carrying weapons-Parties spurned all efforts of common relatives for patching up their differences who intended to have another trial of strength---Bail petition rejected in circumstances.
S. 497/498-Bail-Murder--Petitioner 70 years old of poor health-Case falling under S. 497(1), first proviso-Bail allowed.
Sh. Zia Ullah for Petitioners.
Rana Zahid Mehmood for the State.
Zafar Ahmad Gondal for the Complainant.
Date of hearing: 22nd January, 1983.
On 13-8-1982 at 3.30 p.m., an incident took place in Jalalpur Jattan curing the course of which two persons belonging to opposite-parties were killed. Consequent upon this incident two F. I. Rs. were registered within a space of one hour on the afternoon of the same day at Police Station Jalalpur Jattan which was located at a distance of about three furlongs from the place of occurrence. The investigations in the two cases are since over and both parties have been challaned to stand their trials for offences including one falling under section 302 of the Pakistan Penal Code.
2. The petitioners in this bail application are one of the two parties involved in the incident. Fayyaz Ghani and Sarfraz Ghani Aqdas, petitioners Nos. 1 and 2, are real brothers while Inayat Ullah, petitioner No. 3 is their paternal-uncle. The person killed from their side, namely, Shafqat Ullah was a son of petitioner No. 3. All the petitioners were injured during the course of occurrence and as such prima facie they had participated therein. The petitioners have claimed the private right of self-defence for themselves. The same privilege has been claimed by the other side too. It is only when the entire evidence has been recorded that the true position will emerge. At this stage I find that the occurrence took place in the bazar and members of both parties were carrying weapons of different sorts. Prima facie it appears to me to be a case of free fight. Both the parties are closely related. The Investigating Officer informs me that they have spurned all the effort of the common relatives for patching up their differences and intended to have another trial of strength. Taking all the circumstances into consideration I do not think that it is a fit case where the petitioners should ordinarily be enlarged on bail. I would, therefore, reject the prayer for bail of Fayyaz Ghani and Sarfraz Ghani Aqdas.
3. The case of Inayat Ullah, petitioner No. 3 stands on a different footing. He is 70 years of age and suffers from poor health. I should, therefore, think that his case falls under the 1st proviso to section 4970) B of the Code of Criminal Procedure. Accordingly I would enlarge him on bail on his executing a bond in the sum of Rs. 40,000 with two sureties in the like amount to the satisfaction of Assistant Commissioner, Gujrat.
M. Y. H Appeal allowed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer