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Criminal Miscellaneous No. 2956-B of 1984, decided on 17th November, 1984
---S. 497--Penal Code (XLV of 1860), S. 302/307/148/149--Free fight- Accused not attributed specific role--Free fight alleged in F.I.R.- Accused not attacking any one--Accused, held, was entitled to bail in circumstances.
Ashiq Hussain Malik for Petitioner.
Irshad Ahmad for the State.
Khyzar Hayat petitioner alongwith Dost Muhammad, Mukhtar, Sohbat and Hayat are accused of the murder of Bashir. A case was registered against them at Police Station Satiana, District Faisalabad on 1-6-1984.
2. Dost Muhammad is the first cousin of Shahadat, P.W. He was refused the hand in marriage of Shahadat's sister, because Shahadat suspected Dost Muhammad and others for having got his elder sister abducted about 3/4 years before the occurrence in this case. For this reason the relations between the parties were strained. It may be mentioned at this stage that in the cross case Muhammad son of Ismail, father of Khyzar Hayat petitioner was allegedly murdered by five persons, because Haq Nawaz accused of their case suspected Dost Muhammad accused of this case for having illicit relations with his sister Mst. Ziarat.
3. Parties have alleged different motives, but the occurrence is one in which both parties were armed with all types of weapons. In this case Dost Muhammad was said to have given first blow on the head of Bashir deceased, Sohbat gave second blow on the head of Bashir, upon which he fell down, Mukthar gave a hatchet blow on his left arm and thereafter Hayat gave Dang blow on the right hand of Bashir. All along there has been no specific role attributed to Khyzar Hayat. In the F.I.R. it was further stated that it turned into a free fight. Since it is alleged in the F.I.R. that it was a free fight, under the circumstances Khyzar Hayat did not attack anyone. I, therefore, allow him bail in the sum of Rs.25,000 (Rupees twenty-five thousand, only) each with two sureties, each in the like amount to the satisfaction of A . C . /Duty Magistrate, Faisalabad.
S.A. Bail allowed.
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