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Criminal Miscellaneous No. 2784-B of 1983, decided on 1st January, 1984.
---S. 497--Penal Code (XLV of 1860), S.302--Bail, grant of--Cross-cases registered against parties and accused in cross-case already admitted to bail--Both petitioners suffering injuries admittedly at hands of deceased and question whether deceased in a position to cause all such injuries to petitioners after himself having suffered injuries, yet to be considered at trial--A case for enlargement of petitioners on bail, held made out in circumstances.
Hassan Mahmud Sayal for Petitioners.
Irshad Ahmad for the State.
Date of hearing: 28th November, 1983.
Ghulam Rasul and Abdul Ghafoor petitioners who alongwith another are involved in a case under sections 302, 324 read with section 34 of the Pakistan Penal Code, have moved this petition for bail.
The prosecution version is that on 21-5-1983 at 4 p.m. Abdul Ghafoor petitioner armed with a Kasi, Ghulam Rasul petitioner and co-accused Ghulam Mustafa armed with Sotis attacked and injured Ghulam Hussain deceased as a result of which he died on 27-5-1983 in Rural Health Centre, Ahmadpur Sial. During the occurrence, Ghulam Rasul and Abdul Ghafoor petitioners also suffered injuries at the hands of Ghulam Hussain deceased. Sultan complainant, paternal-uncle of the deceased, reported the occurrence to Talib Ali, Sub-Inspector at Bus Stand Ahmadpur Sial on 26-4-1983 at 6 p.m.
The motive alleged by the prosecution is that there was a dispute between the parties over a Bakain tree standing on the boundary line of their lands a few days prior to the occurrence. Ghulam Hussain deceased gave beating to Abdul Ghafoor petitioner and also abused him. It is alleged that the petitioners and their co-accused harboured grudge against the deceased on that score.
2. The learned counsel for the petitioners contends that there is an unexplained delay of five days in reporting the occurrence to the police and even after such delay the report was not lodged at the police station but was made at Bus Stand Ahmadpur Sial. It is submitted that the complainant gained sufficient time to build up a story, therefore, the prosecution version is highly doubtful. It is further submitted that Ghulam Rasul and Abdul Ghafoor also suffered injuries during the occurrence and a case under section 325/34, P.P.C. was registered against the complainant party in which all the accused have been released on bail.
The learned State counsel has opposed the prayer for bail. He submits that in the F.I.R. a specific role has been attributed to the petitioners, therefore, they are not entitled to the concession of bail.
3. I have gone through the relevant material. The occurrence took place on 21-5-1983 at 4 p.m. whereas the report was lodged on 26-5-1983 at 7 p.m. and that too not at the police station but at Bus Stand Ahmadpur Sial. A usual statement that a Punchayat was trying to bring about compromise was made in the F.I.R. to explain the delay This explanation is wholly unconvincing. The post-mortem report shows, that the deceased had eleven injuries, out of which one was caused by sharp-edged weapon and the rest with blunt weapon. Abdul Ghafoor and Ghulam Rasool petitioners had nine injuries each. Injury No.2 of Ghulam Rasul which was on the head was declared grievous. It is the prosecution's own case that both the petitioners suffered injuries at the hands of the deceased. The question whether the deceased was in a position to cause all these injuries to the petitioners after he had himself suffered injuries, would require a very serious consideration at the trial. It is admitted that in the cross-case under section 325/34, P.P.C. all the accused have been admitted to bail. In the circumstances, I feel inclined to the view that a case for the enlargement of the petitioners is made out. Consequently, I admit them to bail in the sum of Rs. 20,000 each with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Shorkot.
S. G. D. Bail granted.
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