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Criminal Miscellaneous No. 319/B of 1982, decided on 7th April, 1982.

---S. 497--Penal Code (XLV of 1860), S. 302--Bail, grant of Material available on record prima facie disclosing a case of free fight between parties in which one person on each side losing life--Injury attributed to petitioner in no way contributing to death of deceased while petitioner himself suffering a fire-arm injury on thigh--Petitioner allowed bail, in circumstances.

Shahid Hussain Kadri for Petitioners.

Khalid Farooq Tiwana for the State.

Pira alias Phira, Sharif, Nazra, Ashraf and Shameer petitioners have moved this petition for bail in a case registered against them under sections 148, 302 and 307 read with section 149, P.P.C. The allegations are that on 23rd June, 1981, at 5-30 p.m. Nazra, Sharif, Phira and Ashraf armed with Dangs and Shamira with a gun alongwith Malla deceased, came out of their Dera raising Lalkaras and attacked the opposite party in the field of Bashir Ahmad son of Karam Elahi in the area of Chak No. 21/11.13. Nazra, Sharif, Phira and Ashraf allegedly gave one Dang blow each to Nisar Ahmad deceased. The blow of Sharif landed on his back and those of others on the head. Shamira then fired at Nisar Ahmad but his own companion Malla was hit by it. Then he fired another shot hitting Nisar Ahmad in the chest. Nisar Ahmad died at the spot while Malla succumbed to his injuries on the next day.

2. There is another version of the occurrence and a case against the complainant party has been registered in respect of the same vide F.I.R. No. 98, dated 24th June, 1981. In the said F.I.R. it is alleged that Faiz, Riaz, Nisar Ahmad alias Nasra (deceased) and Iftikhar armed with guns and Ejaz Ahmad and Ghulam Rasul with Sotas attacked the other party, i.e., the petitioners' party, in the field of Bashir Ahmad son of Sohawa, caste Bhatti. Nisar alias Nasra allegedly fired at Ali Muhammad and Faiz fired two shots at Malla hitting his arm and abdomen. Riaz fired at Sharif (petitioner) hitting his thigh. Thereafter Iftikhar fired a shot hitting Nisar alias Nasra (deceased) in the chest as a result of which he died at the spot.

3. The learned counsel for the petitioners contends that it is a case of two versions and in the cross-case three persons, namely, Ejaz, Ghulam Rasul and Iftikhar, have been admitted to bail, therefore, the petitioners are also entitled to the same concession. The learned counsel for the State, on the other hand, submits that out of five accused of the cross-case, three have been admitted to bail on the ground that no overt act. was attributed to two of them and the third was alleged to have fired at his own party-man which is prime facie not correct, therefore, their enlargement on bail is no ground for showing concession of bail to the petitioners.

4. The material available on the record prima facie shows it was a case of free fight between the parties in which one person on each side lost his life. In a situation like that each accused is liable for his individual act. Phira, Nazra and Ashraf are alleged to have given one Dang blow each on the head of the deceased while Shamira fired at him in the chest. According to the post-mortem report, these injuries (Nos. 2 to 5, on the head and chest) were sufficient to cause death, collectively as well as individually, in the ordinary course of nature. The injury on the back, which is shown in the post-mortem report as No. 1, has been attributed to Sharif petitioner. His own medico-legal report shows that he suffered a firearm injury on the thigh causing an exit wound. In the circumstances, I feel that a case for his enlargement on bail is made out. Consequently, I admit him to bail in the sum of Rs.25,000 with one surety in the like amount to the satisfaction of Assistant Commissioner/ Duty Magistrate, Sheikhupura.

The petition in so far as Pira alias Phira, Nazra, Ashraf and Shamira are concerned, is dismissed.

S. G. D. Order accordingly.

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