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Criminal Miscellaneous No. 561-B of 1984, decided on 17th March, 1984.

---S. 497/498, Penal Code (XLV of 1860), S. 302/307/148/149--hail- Murder--Accused not stated to have inflicted any injury to deceased but to complainant--Inference that a sudden quarrel initially erupted which led to a sudden fight between parties not ruled out--No past enmity existing between parties to motivate accused party to get together with a common object of murdering deceased or assaulting any of member of complainant party--Question whether a sudden fight erupted between party a matter calling for further inquiry---Bail granted.

Shah Ahmad Khan Baloch for Petitioner.

Sardar Muhammad Khurshid for the State.

Date of hearing: 17th March, 1984.

This is a petition under section 497/498, Cr.P.C. by Liaquat Ali and Hakam Ali, petitioners, for bail in respect of a case instituted against them and three others under section 302/307/148/149, P.P.C. at Police Station Sattiana, District Faisalabad on 12th November, 1983.

2. The prosecution case in brief is that there was a dispute between one Sanaullah Khan on one hand, and Muhammad Amin co-accused in the present case, on the other, over possession relating to three Marlas of land. It is alleged that Muhammad Amin co-accused, took possession of the said piece of land six months back, forcing Sanaullah Khan to file a civil suit against him. On the day of occurrence, the Local Commissioner appointed by the civil Court inspected the spot and recorded the statements of the parties. Riaz Ahmad, deceased, who was Lambardar in the area, out of respect for the Local Commissioner, invited him to his Dera to have a cup of tea. He however was not a party to the dispute. It is alleged in the F. I. R. that the accused party, taking this as an insult, launched an attack on Riaz Ahmad Lambardar, deceased not only causing his death, but injuries to Mahboob Alam, complainant, Saeed Riaz, Zikarullah, Muhammad Ramzan and Faryad Hussain P.Ws.

3. I have heard the arguments of the learned counsel for the petitioners and the State and have also perused the record. It appears that Riaz Ahmad, deceased Lambardar, lived opposite to the house of Muhammad Isa, co-accused. Though it is alleged that the accused party launched al murderous assault on the deceased with the common object of murdering him, but the inference that some sudden quarrel initially erupted between Riaz Ahmad deceased Lambardar, and Muhammad Isa, co-accused, which led to a sudden fight between the parties, cannot be ruled out, as Hakam Ali, petitioner and Muhammad Isa and Muhammad Amin co-accused have amongst them thirty injuries on their person, as against Riaz Ahmad deceased, Lambardar and the five prosecution witnesses, who have amongst them sixteen injuries. There is no past enmity between the accused party and the complainant party, which would have motivated the accused party to get together with a common object of murdering the deceased or assaulting any of the members of the complainant party. Taking all circum stances into consideration, the question whether a sudden fight erupted between the parties, is a matter which calls for further inquiry. Liaqat Ali and Hakam Ali, petitioners are not alleged to have inflicted any injuries to Riaz Ahmad, deceased. They appear to have injured Mahboob Alam, complainant, Saeed Riaz and Zikarullah P.Ws. alone. In these circumstances, the peitioners are entitled to be released on bail.

4. For the foregoing reasons, this petition is accepted and Liaqat Ali and Hakam Ali petitioners, are released on bail, subject to the furnishing security in the sum of Rupees thirty thousand (Rs. 30,000 each with two sureties each in the like amount to the satisfaction of the Assistant Commissioner, Faisalabad.

5. Copy dasti on payment of usual charges.

M.Y.H. Bail granted

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