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Criminal Miscellaneous No. 451/B of 1983, decided on 27th February, 33.

-- S. 497 read with Penal Code (XLV of 1860), S. 302-Bail, grant of-(Murder-case)-Admittedly deceased entering into co-accused ,, house and attempting to abduct his daughter with a view to subject her to sexual intercourse-Petitioner and his co-accused, however, foiling his attempt and causing, deceased injuries resulting in his death-Questions whether petitioner and his co-accused caused injuries to deceased within and just outside their house or after deceased was rescued and had taken refuge in a nearby house, also calling for further inquiry-Versions in both cross-cases also before Trial Court for adjudication-A case for release of petitioner on ,,ail, held, made out, in circumstances.

Shah Ahmad Khan Baloch for Petitioner.

Altaf Muhammad Khan for the State.

Date of hearing: 27th February, 1983.

This is a petition under section 498, Cr. P. C. by Muhammad Abbas, petitioner for bail in respect of a case instituted against him and two others under section 302/34, P.

9th September, 1982 P. C, at Police Station, Gulberg, Faisalabad,

2. The prosecution case in brief is that Haji Abdul Hamid, complai nant, was present in his house when he heard a noise. He went out and found that Muhammad Iqbal, deceased was being chased by Muhammad Younas, co-accused, who had a hockey stick. Aziz-ur-Rehman, co-accused, who was empty-banded, and Muhammad Abbas, petitioner, who was armed with a power-loom stick. They were shouting that they would not leave Muhammad Iqbal, deceased, alive. Near the tea-shop of Nishan Ali, Muhammad Iqbal, deceased, fell down and Muhammad Abbas, petitioner, and Muhammad Younas, co-accused, caused him injuries with their respective weapons. He was rescued by Haji Abdul Hamid, etc. Aziz-ur-Rehman kept on shouting that it was a matter of ghairat and they should kill Muhammad lqbal, deceased. Muhammad Iqbal, deceased then entered into the house of Mst. Umdan Bibi to save his life. The petitioner and his co-accused went back to their house. After some time they again came out, started looking for Muhammad Iqbal, deceased, entered into the house of Mst. Umdan Bibi, dragged Muhammad Iqbal out of her house and then gave him injuries. Muhammad Iqbal, deceased, died at the spot.

3. A cross-case under section 452, P. P. C. and section 18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, has been registered against two persons Muhammad Iqbal and Muhammad Akram, who had, it is alleged, entered alongwith Muhammad Iqbal deceased, into the house of Aziz-ur-Rehman, with a view to abduct Mst. Shahida, a daughter of Aziz-ur-Rehman, co-accused.

4. I have heard the, arguments of the learned counsel for the peti tioner, the complainant and the State and have perused the police file. The police has found that Muhammad lqbal deceased, accompanied by Imdad Hussain and Muhammad Akram, entered into the house of Aziz-ur -Rehman, co-accused, and there attempted to abduct his daughter, Mst. Shahida Bibi, with a view to subject her to sexual intercourse and it was in these circumstances, that the petitioner and his-co-accused caused the death of Muhammad Iqbal, deceased. The police have sent up both the cases -for trial. In view of this admitted position, the question whether the petitioner and his co-accused, Muhammad Younas, chased Muhammad Iqbal, deceased, outside their house and inflicted injuries on him and, after he was rescued and took refuge in the house of Mst. Umdan, the petitioner and his brother again came from their house and dragged him out and further belaboured him to death, as submitted by the complainant, or whether the petitioner and his co-accused inflicted injuries on Muhammad Iqbal, deceased, both within and just outside their house when he, with his colleagues, attempted to abduct their sister, as claimed by them in defence, calls for further inquiry. Both the versions in the two cross-cases are before the Court. In this view of the matter, the petitioner has made out a case for his release on bail.

5. For the foregoing reasons, this petition is accepted and Muhammad Abbas, petitioner, is released on bail, subject to his furnishing security in the sum of rupees thirty thousand (Rs. 30,000) with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Faisalabad.

6. Copy dasti on payment of usual charges.

S. G. D. Bail allowed.

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