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Criminal Miscellaneous No. 946/B of 1983, decided on 14^th Septem ber, 1982.

--S. 497/498-Penal Code (XLV of 1860), S. 302/307/148/149---Bail --Investigations carried out first by five officers and then by Inspector C.I.A. who found accused innocent-Accused behind bar for last four months and challan yet to be filed in Court-Question whether or not assault pre-planned and that of two persons named in F.I.R. who caused grievous hurt to prosecution witness, matters requiring further inquiry into guilt of accused-Bail granted in circumstances.

M. Sultan Alam for Petitioner.

Muhammad Anwar for Complainant.

Khan Ata Ullah Khan Niazi for the State.

The petitioner alongwith 4 co-accused, namely, Safdar Javid, Ismail, Khalid Saeed and Asif is being proceeded against under section 302/107/ 148/149, P.P.C. for the murder of one Arshad and causing grievous hurt to P.W. Muhammad Javaid.

2. The allegations against the petitioner, and disclosed in the F.I.R. are that he as well as Asif cu accused, both armed with 'knives' made a murderous assault on Muhammad Javaid. The latter sustained four injuries out of which two on the vital part of the body were declared grievous.

3. It is argued on behalf of the petitioner that several Officer investigated the case; the last investigation was conducted by the C. I. A. which found the petitioner as innocent. The other contention put forth by his learned counsel is that F. I. R. does not indicate as A to whether the petitioner or the other co-accused is responsible for causing the grievous hurt to the P. W. The parties are closely related and the confrontation between them is said to have been taken place in a spur of moment which in the submission of the learned counsel would exclude the intention to cause death of the injured P.W. and thus section 307, P.P.C. would not be attracted.

4. Bail has been opposed on behalf of the State as well as on behalf of the complainant on the plea that the petitioner is named in the F. I. R.; the injured P.W. in his statement recorded under section 161, Cr. P. C. has attributed the grievous hurt to the petitioner. The investigation conducted by the C. I. A. as a result whereof the name of the petitioner was placed in column No. 2 of the challan has also been criticised.

5. After hearing the learned counsel for the parties and examining the available record I find that the case was investigated by five different Officers. It was assigned last, to an Inspector of the C.I.A. according to whose investigation, the petitioner was innocent. The petitioner is behind the bars for the last over 4 months and the challan has not yet been filed in the Court. The question as to whether or not the assault was pre-planned and that of the two named persons in the F. I. R. who caused l8 grievous injury to the P.W. are the matters which require further inquiry into the guilt of the petitioner.

6. Accordingly, it is directed that the petitioner shall be released on bail provided he furnishes a bail bond in the sum of Rs. 20,000 with two sureties in the like amount to the satisfaction of A.C./Duty Magis trate, Burewala.

M. Y. H. Bail granted.

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