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Criminal Miscellaneous No. 319/B of 1984 decided on 9th April, 1984.
-- S. 497--Penal Code (XLV of 1860), S.302--Cross-cases pending adjudication and which party initiated attack, yet to be seen--Held: A case of further inquiry in circumstances--Petitioners allowed bail.
Asif Saeed Khan Khosa for Petitioners.
Sardar Muhammad Rafique for the State.
Date of hearing: 9th April, 1984.
Ghulam Nabi and Nabi Bakhsh sons of Wahid Bakhsh (petitioners) residents of Kotla Hassan Shah, Tehsil Rojhan, District Rajanpur, alongwith two others stand charged with the murder of Amir Bakhsh deceased and for murderous assaulting Hussain Bakhsh and Karim Bakhsh P.Ws. on 8-4-1983 at sunset time with sticks.
2. The prosecution case is that a bullock belonging to the complainant party went astray and entered into the house of Wahid Bakhsh father of the petitioner. As soon as Hussain Bakhsh complainant and his brother Amir Bakhsh deceased entered into the house of Wahid Bakhsh afore-mentioned for taking out their bullock, the petitioners attacked them. The petitioners and their companions are also alleged to have assaulted Hussain Bakhsh and Karim Bakhsh P.Ws. when they tried to intervene. Amir Bakhsh died on the following morning.
3. The motive for the offence was that Ghulam Nabi petitioner suspected the deceased having illicit intimacy with his wife.
4. Bail is urged on the ground that there is a cross-version and the complainant party has suppressed the grievous as well as simple injuries suffered by Nabi Bakhsh petitioner, his brother Ghulam Shabbir and his wife Mst. Haseena Mai. In all twelve injuries were found on their persons which were of the same duration as that of the deceased and the injured P.Ws. One of the injuries of Nabi Bakhsh was grievous. The location of the injuries were head, chest and abdomen.
It is contended that on the refusal of the police to register the cross-case, a private complaint was filed and the trial Magistrate had summoned the complainant party, to face trial after finding a prima facie case under sections 148, 307 and 452/149, P.P.C. against them. The accused named in the said complaint are said to have been admitted to bail. It is further stated that admittedly the occurrence had taken place in the house of the petitioner Hazoor Bakhsh and Wahid Bakhsh co-accused are stated to be already on bail. The petitioners are stated to be in Jail since about 10 months.
5. As it is yet to be seen which party had initiated the attack, I, therefore, considering it to be a case of further enquiry, admit the petitioners to bail in the sum of Rs. 20,000 (twenty thousand) with two sureties each in the like amount to the satisfaction of A.C. Rajanpur.
S. G. D. Bail granted.
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