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Criminal Miscellaneous No.375-B of 1984, decided on 22nd February, 1984.
- ---S.497/498--Penal Code (XLV of 1860) S.324/325/148/149--Bail--Investi gations completed and accused no longer required by police--Accused not previous convicts and no danger of their abscondence or suborning prosecution witnesses existing--Bail granted.
A Ch. Muhammad Hussain Chhachhar for Petitioners.
Date of hearing: 22nd February, 1984,
This is an application for post arrest bail on behalf of Basharat Ali, Mirza Ghulam Nabi Tariq Pervaiz and Manzoor petitioners who along with another, namely Khalid are involved in a case under sections 148 and 325/324/149, P.P.C. registered at Police Station Renala Khurd, District Okara, on 27th December, 1983.
2. It is alleged that on 26th of December, 1983, at about 8-00 a.m. on a dispute over elections the petitioners and their co-accused armed with Sotas and hatchet attacked the complainant party, and caused injuries to three persons, namely, Muhammad Ramzan, Khan Muhammad and Muhammad Mansha. Muhammad Ramzan sustained eight injuries including two grievous: one on the left leg and the other on the right arm. Khan Muhammad received six injuries including two grievous; one on the right leg and the other on the right arm. However, the injuries caused to Muhammad Mansha were declared as simple.
3. The petitioners were arrested on 31st December, 1983. It is contended on their behalf that actually the fight took place between Muhammad Khalid, co-accused of the petitioners and the complainant party on a dispute over a sugar cane without any premeditation and the petitioners have been falsely implicated in this case on account of only their relation ship with Muhammad Khalid and that the offence ascribed to the petitioners does not fall within the prohibitory clause. The A.S.I. who has brought the police record states that the investigation of the case has been completed and the petitioners are no longer required for this purpose. The petitioners are not previous convicts and there is no apprehension that in case of bail they would abscond or suborn the prosecution witnesses.
4. In the circumstances, this application is accepted and the petitioners are admitted to bail in the sum of Rs.10,000 each with one surety each in the like amount to the satisfaction of the Assistant Commissioner, Okara.
M.Y.H. Application accepted.
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